Abbott v. Pearson

I cannot accept either the result reached by the majority or its premises. I do not believe that it is appropriate to apply “center of the right-of-way” presumptions in this case. Furthermore, I cannot see how either “ownership of a narrow and inaccessible strip of an abandoned railroad right-of-way” or “a narrow strip which could hardly be of use or value except to the owner of the adjoining land” is involved.

In 1881, Isaac and Mag. J. Taylor conveyed to the predecessor of appellee St. Louis-San Francisco Railway Company a tract of land. The granting clause read:...do hereby grant, bargain,…