Pacific Improvement Co. v. Chattanooga Southern R.

Citations

• 179 F. 238
• 1910 U.S. App. LEXIS 5410

Syllabus

<p>Railroads (§ 194*) — Right of Wat for Spur Tracks — License—Rights of Purchaser.</p> <p>Where a commissioner under a judicial decree sold the property of a' railroad company, expressly enumerating in the deed certain spur tracks, constructed on the land of an iron company under a verbal license and then in use by the railroad company, the iron company cannot assert an exclusive right to the use of such tracks for individual purposes as against the purchaser, which, without notice -of such claim, has expended money in making extensive repairs and improvements thereon, and - es: pecially where such tracks are. situated in Georgia, in view of Oode-Ga. 1895, § 3069, which provides that “a parol license * * * is not revocable when the licensee has executed it, and in so doing has incurred expense. In such case it becomes ah easement running with the land.”</p> <p>Ed. Note. — For other cases, see Railroads, Cent. Dig. § 649; Dec. Dig. § 194.*]</p>