LILLARD v. SOUTHERN RAILWAY COMPANY


330 S.W.2d 335 (1959)

William M. LILLARD v. SOUTHERN RAILWAY COMPANY.

Supreme Court of Tennessee.

December 11, 1959.


Attorney(s) appearing for the Case

C.T. Ziegler, Athens, Virgil F. Carmichael, Cleveland, for appellant.

Frank N. Bratton, Athens, for appellee.


PREWITT, Justice.

The defendant below, Lillard, filed suit for damages to real property in Circuit Court for McMinn County, against defendant, Southern Railway Company, seeking damages for the taking of certain real estate near the tracks of the Railway Company.

The Circuit Judge sustained the demurrer to the declaration and this appeal resulted.

The question before us is did the deed from Lewis Ross to Hiwassee Railroad Company, convey an easement...

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