Grennan v. McGregor

Beatty, C. J. This is an action to recover a small parcel of a certain half-section of'land in Placer County, which was conveyed to the plaintiff January 14, 1884, by the then owner, the Central Pacific Railroad Company. The deed of conveyance contained the following reservation: “Excepting and reserving, however, for [259]railroad purposes, a strip of land four hundred feet wide lying equally on each side of the track of the railroad of said company, or any branch railroad now or hereafter constructed on said lands.”

The defendants are lessees of the successor of the Central Pacific Railroad Company,—plaintiff’s grantor, —and the whole controversy turns upon the question whether the demanded premises are within the reservation of the deeds to plaintiff. The superior court, holding that they were included in the reservation, gave judgment for defendants, from which, and from an order denying his motion for a new trial, plaintiff appeals.

It is agreed that the following facts were established by the evidence taken at the trial: “ That the said railroad company was on January 14, 1884, and for many years prior thereto, and ever since, up to the date of the lease hereinafter mentioned, has been, the owner and operator of a railroad running from San Francisco, California, to Ogden, Utah; and said railroad traverses the east half of said section, and that on said half-section was and is situated the station known as Clipper Gap station. That along the side of the main track of said railroad at said station, the said company had and have constructed a switch, lying on the easterly side of the main track, of the length of about fifteen hundred feet; that said switch is appurtenant to and used wholly for and with said station.

“ That along the opposite side or westerly of said main track, there extends and runs a track called by the plaintiff a spur or side track, and by the defendant a branch railroad.

“That said last-mentioned track commences at a point below said station’s office, distant about six hundred feet, and at or near the point at which the said switch commences, and runs up alongside the main track, but not quite parallel thereto, and extends a distance of about [260]