Dotson v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 81 Kan. 816
• 106 P. 1045
• 1910 Kan. LEXIS 435

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Adverse Possession — Grantor — Presumption. The possession of a grantor of land after conveyance is not considered to be adverse to his grantee in whom he has vested entire title to the premises, and can not be so regarded until the grantor explicitly renounces the title of the grantee or positively asserts a claim of title in himself which is brought to the attention of the grantee.</p> <p>2. Ejectment — Remedy — Land Used for Railroad Right of Way without Objection. Where a railroad company builds a spur track on land owned by it and afterward sells the land on which the track is built, without reserving the right of way, and then continues to use and operate the track for a great many years for its own convenience, as well as for the benefit of the public, with the knowledge and acquiescence of the owner, such owner can not maintain an action of ejectment to evict the railroad company from the premises.</p> <p>3. Words and Phrases — “Public Use’’ — Spur Track of a Railroad. Whether the use of a spur of a railroad is public is not determined by its length nor the number of industries it may serve. If it is a part of a railroad system which the public may use on equal terms as of right, and is subject to government regulation, it is a public use, whether few or many are accommodated by its operation.</p>