Parrott v. Atlantic & North Carolina Railroad

The defendant is using and claiming a right of way about a mile in length, under a deed executed by the ancestor of the plaintiff, and under- whom the plaintiff claims, and the sole consideration for the deed, as expressed therein, is the promise and agreement that trains running along this right of way shall, upon notice, stop at a platform erected 'and maintained by the owner of the land, and it would seem to be unjust to permit the defendant to retain the right of way and at the same time repudiate the agreement, which it proposes to do.

I concur in the opinion of the Court, that the…