Louisville & Nashville Railroad v. Willbanks

The deed from the plaintiff to the defendant was not set out, and the only means of ascertaining its character is by referring to the general allegations in the petition. *19From them it appears that a “right of way for the construction of a railroad” through plaintiff’s land was conveyed. Considering the purpose of the grant, “right of way” should be construed as referring to an easement over plaintiff’s land, rather than to a grant of the land itself. The case of the East Ala. Ry. Co. v. Doe ex dem. Visscher, 114 U. S. 340 (5 Sup. Ct. 869, 29 L. ed. 136), involved the construction of a deed,…