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NEW MEXICO v. UNITED STATES TRUST CO.

No. 106.

172 U.S. 171 (1898)

19 S.Ct. 128

43 L.Ed. 407

NEW MEXICO, v. UNITED STATES TRUST COMPANY.

Supreme Court of United States.

Decided December 5, 1898.

Attorney(s) appearing for the Case

Mr. F.W. Clancy for appellant. Mr. Felix H. Lester and Mr. Thomas N. Wilkerson were on his brief.

Mr. Victor Morawetz and Mr. C.N. Sterry for appellees. Mr. E.D. Kenna and Mr. Robert Dunlap were on their brief.

MR. JUSTICE McKENNA, after stating the case, delivered the opinion of the court.

The right of way is granted to the extent of two hundred feet on each side of the railroad, including necessary grounds for station buildings, workshops, etc. What, then, is meant by the phrase "the right of way"? A mere right of passage, says appellant. Per contra, appellee contends that the fee was granted, or, if not granted, that such a tangible and corporeal property was granted...

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