Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.

Citations

• 142 U.S. 396
• 12 S. Ct. 188
• 35 L. Ed. 1055
• 1892 U.S. LEXIS 1981

Syllabus

<p>A ferry company operating a ferry across a navigable river and, owning the land at the landing and about the approaches to it, contracted with a railroad company for the use of the land for the purposes of its business so long as they should be used and employed for such uses and purposes. The railroad company in consideration thereof agreed to pay the taxes on the land, and not to interfere with the ferry company in respect of its ferry, and to always employ the ferry company in its transportation across the river. The railroad company entered upon the land, and laid down tracks and performed its part,of the contract until it became insolvent, and a mortgage upon its property was foreclosed. The property was purchased'by a new railway company, which continued to carry on the business as it had been carried on before, but without making any new contract, or any special agreement for rent. After continuing to carry on the business in this way for some time, the railway company diverted a portion of its transportation across the river to other carriers. Subsequently a further diversion was made, and then the company became insolvent, and a receiver was appointed. This officer also continued to carry on the business, and without making any special agreement : but eventually he wholly diverted the business and removed all the rails and tracks from the premises. The ferry company then intervened in the suit against the railway company in which a receiver had been appointed, claiming to recover compensation for the use of its property by the railway company and by. the receiver, and for the value of the materials removed from the premises when possession was surrendered. The court below dismissed this petition and allowed an appeal. Reld,</p> <p>(1) That the contract did not create the relation of landlord and tenant; that no rent'having been reserved, or claimed, or paid during the whole occupation, the conduct of the parties was inconsistent with such a relation; and