Town Of Ninety-Six v. Southern Ry. C

267 F.2d 579 (4th Cir. 1959)

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Nature of the Case

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Facts

Southern Ry. Co. (P) sued Town of Ninety-Six (D) to stop them from building on its right of way through town. P alleged it had a one hundred feet on either side right of way. D alleged that a written agreement limited that right of way to thirty feet from the centerline of the track. D asserted defense of adverse possession and estoppel. P asked for an injunction. During trial, D sought to enter evidence of a copy of a letter dated September 1872 which was recorded at the County Clerk’s office. The original letter was not available. The recorded copy did not contain what purports to be the handwriting of the author. D sought to enter the letter under the ancient document doctrine. The court rejected that offer and as an ancient document and also that the document was hearsay. P won and D appealed.