Franklin & Abbeville Railroad v. Monnot

Citations

• 52 La. Ann. 1026

Syllabus

<p>Syllabus.</p> <p>1. The mere fact that a switch with a building with platforms and ramps, was constructed on a plantation by a railroad corporation, to whom the owner of the property had granted a right of way for tracks, turnouts, and a station house, and that the buildings, platforms and ramps were used by the owner and the neighboring planters for loading cane upon the cars, does not establish necessarily .the fact that the switch and buildings were those contemplated by the grant of the right of way.</p> <p>2. A claim to that effect is repelled by evidence showing that they were placed there while the property was the temporary terminus of the road, that they were used by the owner of the property for loading his own cane, and the use of the same by others was permissive, and by indulgence, that the railroad’s track crossed the public road as it entered, and, also, as it left the property, and that to reach this particular building from the public road, a right of passage on to the plantation, not granted by the act, but claimed as an incident of the grant, would have to be conceded to the general public.</p>