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· 11/18/1918

Georgia v. Trustees of the Cincinnati Southern Railway

Citations

  • 248 U.S. 26
  • 39 S. Ct. 14
  • 63 L. Ed. 104
  • 1918 U.S. LEXIS 1717

Syllabus

<p>In the absence of language suggesting a different intention, a grant of the use of a railroad right of way must be taken as granting the right of way itself. So held, where the purpose was to supply a roadbed for a trunk line, necessitating expenditure by the grantee. . P. 28.</p> <p>A'grant of a railroad right of way to a corporation, or to perpetual trustees holding for corporate uses, does not need words of succession to be perpetual. Ib.</p> <p>A grant of right of way for a railway from which great public benefit is expected held not a gratuity within the provision of the Georgia constitution forbidding the general assembly to grant'any donation or . gratuity in favor of any person, corporation, or association. P. 29. By, the Act of October 8, 1879, the .State of Georgia granted a perpetual right way. for the Cincinnati Southern Railway, not a revocable license.</p>

Judges: Holmes

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