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SPARROW v. DIXIE LEAF TOBACCO CO.

No. 378.

61 S.E.2d 700 (1950)

232 N.C. 589

SPARROW et al. v. DIXIE LEAF TOBACCO CO., Inc. et al.

Supreme Court of North Carolina.

November 8, 1950.

Attorney(s) appearing for the Case

Albert W. Cowper, Kinston, for plaintiff appellants.

R. Mayne Albright, Raleigh, for defendant Atlantic & North Carolina R. Co. appellee.

Allen, Allen & Laroque, Charles H. Taylor, all of Kinston, and Warren S. Perry for defendants Dixie Leaf Tobacco Co., Inc., and Atlantic & East Carolina R. Co. appellees.

BARNHILL, Justice.

The lessor railroad acquired its right of way under and by virtue of Sec. 27, Chap. 136, Laws 1852. It thus acquired and possesses nothing more than an easement for railroad purposes, with the right of actual possession of so much thereof as is necessary for the operation of its road and to carry on its business as a common carrier of freight and passengers with dispatch and convenience. Railroad Co. v. Sturgeon, 120 N.C. 225, 26 S.E. 779; Shields...

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