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SOUTHERN RAILWAY COMPANY v. ANDERSON

128 S.E.2d 429 (1962)

203 Va. 991

SOUTHERN RAILWAY COMPANY et al. v. Malcolm L. ANDERSON et al.

Supreme Court of Appeals of Virginia.

December 3, 1962.

Attorney(s) appearing for the Case

Roderick D. Sinclair, Richmond (Leslie M. Mullins, Norton, Thomas B. Gay, H. Merrill Pasco, Richmond, Greear, Bowen, Mullins & Winston, Norton, on brief), for plaintiffs in error.

No brief or argument for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

SNEAD, Justice.

This appeal, by Southern Railway Company, lessee, and Virginia and Southwestern Railway Company, lessor and owner of a certain right of way, hereinafter collectively called railroad, resulted from the entry of two orders. The first order overruled a demurrer to a petition filed, pursuant to § 56-16, Code 1950, by Malcolm L. and Audrey J. Anderson, owners of a tract of land on the north side of the right of way, in which they sought to obtain a...

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