Georgia v. Cincinnati Southern Ry. Co., 248 U.S. 26 (1918)

IN EQUITY

Syllabus

In the absence of language suggesting a different intention, a grant of the use of a railroad right of way must be taken as granting the right of way itself. So held where the purpose was to supply a roadbed for a trunk line, necessitating expenditure by the grantee. P. 28.

A grant of a railroad right of way to a corporation, or to perpetual trustees holding for corporate uses, does not need words of succession to be perpetual. Ib.

A grant of right of way for a railway from which great public benefit is expected held not a gratuity within the provision of the Georgia Constitution forbidding the general assembly to grant any donation or gratuity in favor of any person, corporation, or association. P. 29.

By the Act of October 8, 1879, the State of Georgia granted a perpetual right of way for the Cincinnati Southern Railway, not a revocable license.

Bill dismissed.

The case is stated in the opinion.