Biles v. Tacoma, Olympia & Gray's Harbor Railroad

Citations

• 5 Wash. 509
• 32 P. 211
• 1893 Wash. LEXIS 13

Syllabus

<p>CONVEYANCES — RESERVATION—NORTHERN PACIFIC RAILROAD — BRANCH LINES — ESTOPPEL.</p> <p>Where a railroad company conveys a tract of land, “reserving and excepting therefrom, however, a strip of land extending through the same (or so much of such strip of land as may be within said described premises), of the width of four hundred feet, that is, two hundred feet on each side of the center line of the Northern Pacific Railroad, or any of its branches, to be used for right-of-way or other railroad purposes, in case the line of said railroad, or any of its branches, has been, or shall be, located on or over, or within less than two hundred feet of, said described premises,” a mere easement is reserved thereby, and the ownership of the whole tract passes to the grantee.</p> <p>The Northern Pacific Railroad Company not being authorized by its charter under act of congress to construct a branch line between Tacoma and Gray’s Harbor, the Tacoma, Olympia & Gray’s Harbor Railroad, although constructed and operated by the Northern Pacific Railroad Company, is not entitled to the benefit of reservations of rights-of-way in conveyances made by the latter company.</p> <p>The grantee of the Northern Pacific Railroad Company is not es-topped by the recitals in the deed from denying the right of his grantor to build branch roads, when such branch road is one that the grantor is not legally authorized to construct.</p>