Seaboard Air Line Railroad Company v. Sarasota-Fruitville Drainage District

I agree with the learned district judge that the Florida Drainage District “had no authority to bind itself as an indemnitor as consideration for the acquisition of an easement.” Further, it seems to me that what the Drainage District actually acquired from the Railroad does not rise to the dignity of an easement, but is nothing more than a mere license. That is shown by the contract as a whole and particularly by paragraph 7 thereof:

“7. The Railway may terminate this agreement at any time by giving the Licensee thirty days notice, in writing, of its intention so to do, and upon termination…