Tompkins v. Atlantic Coast Line Railroad Company

Head, Justice.

Generally, except in so far as a railroad company may be limited by its grant, its charter, or by statute, the right-of-way acquired by it may be used for any lawful purpose convenient or necessaiy to the operation of the railroad. 74 C. J. S. 500, § 99; 44 Am. Jur. 338, § 126. There is no statute in Georgia prohibiting a railroad company from building a sidetrack on its right-of-way. The charter powers of the defendant authorize the construction of a sidetrack, and the use of the right-of-way of the defendant for the purposes described in the petition is not limited by its…