Kettle River R. Co. v. E. Ry. Co.
Decision Date | 04 October 1889 |
Citation | 41 Minn. 461,43 N.W. 469 |
Parties | KETTLE RIVER R. CO. v EASTERN RY. CO. ET AL. |
Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
(Syllabus by the Court.)
1. An agreement which, by its terms, gives the exclusive right of way to a railway corporation in or through a certain tract of land, in so far as it attempts to exclude other railway corporations from acquiring a right of way over the same tract, upon land not appropriated or required for its use by the covenantee, is against public policy, and void.
2. A third party, not interested in lands taken for a right of way by a railway company, cannot raise the objection that the corporation has no power under its charter to acquire the specific lands for railway purposes.
3. Where land is taken for its use by a railway corporation having the right to exercise the power of eminent domain, the question whether the use is public or private depends upon the right of the public to use the road and to require the corporation, as a common carrier, to transport freight or passengers over the same, and not upon the amount of business.
4. A covenant by a land-owner, by which he agrees that the products of a stone-quarry shall be transported to market exclusively over one line of railroad, is not a covenant real, and does not run with the land.
5. A purchaser is bound to inquire into the title of his vendor, and is affected with notice of any equities which appear upon the same. And, in equity, covenants relating to land or its mode of use or enjoyment are frequently enforced against grantees with notice, though there is no privity of estate, and they are not such as, in strict legal contemplation, run with the land. But they must be such as relate to or concern the land or its use. It is not enough that a covenant affects the use of the land or its mode of enjoyment in a collateral way.
6. The class of covenants falling within the equity rule considered, and held not to include an agreement for the exclusive transportation of the products of land by a railway company extended to or built over it.
Appeal from district court, Pine county; MCCLUER, Judge.
Lusk & Bunn and Geo. L. Bunn, for appellants.
Jas. Smith, Jr., and W. A. Barr, for respondent.
The plaintiff was incorporated under the General Laws in 1886, and, as is alleged, possesses the usual powers and franchises of railway corporations, and is authorized to build and operate a railway, with one or more tracks, from a point on the line of the St. Paul & Duluth Railroad in the county of Pine, in township 42 north of range 20, extending thence to a point on the right bank of Kettle river, in the same township, with extensions to reach any or all industries that are or may be hereafter established in said township, and localities adjoining the same, with all necessary and convenient tracks, side tracks, or track extensions, grounds, etc., and with the right to locate a branch southerly to another point on Kettle river, and another to the east line of the state, with all necessary side tracks, etc.; it being the declared purpose of the company to operate such line or lines in connection with the St. Paul & Duluth Railroad. Prior to the incorporation of the plaintiff, the Kettle River Sandstone Company had been incorporated, and had become possessed of the title in fee to the lands in township 42, which are particularly described in the complaint, and upon which are large and valuable deposits of merchantable sandstone, which, it is alleged, could not be quarried and transported to market without the construction of a railroad to reach the same; and thereupon negotiations for such purpose were entered into between the plaintiff and the sandstone company, which finally resulted in the execution by them of the following indenture, with mutual covenants, and which forms the basis of this action:
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