May v. Atlantic Coast Line Railroad

Clark, O. J.

Upon tbe facts agreed, it appears tbat on 14 December, 1886, tbe plaintiff granted tbe Wilmington and Weldon Railroad Company, now tbe- Atlantic Coast Line Railroad Company, tbe defendant, a right of entry and right of way ISO feet wide, through bis farm, “for tbe use, operation and business of a branch road then in contemplation” by said railroad company, with a provision, “Tbe said company to take no benefit from and incur no obligation by tbe execution of this deed, unless tbe branch road shall be located over tbe land of tbe party of tbe first part.”

This was not an unlimited…