FOREST RAILROADS 287 
timber. Even if such a stipulation is not made, some courts^ 
have ruled that a sale, or grant of standing trees imf)lies a right 
of access and the use of the land for the purpose of cutting the 
timber and afterwards removing the logs. Unless some specific 
date is mentioned on which these rights terminate, the buyer is 
entitled to a "reasonable time" for removal of the timber. In 
case of litigation the knigth of time covered by the contract is 
decided by the courts after consideration of the specific case. 
The use of a strip of land as a right-of-way for a logging railroad by 
and with the consent of the owner does not give the logger the 
permanent use of such property unless there has been a specific 
grant by the land owner, or unless the road bed has been in use 
for a period long enough to establish a legal right to it by adverse 
possession.^ 
LOCATION 
The location of the main line of a logging railroad is of great 
importance, for the engineer must preserve a proper balance 
between the cost of construction and the maintenance and 
operating charges. He must choose between an expensive road- 
bed with low grades and easy curves, or a cheaper roadbed with 
increased maintenance and operating expenses. 
(1) Roads in a rolling or rough region usually enter the tract 
at the lowest point and follow natural drainage, because it often 
affords the best grade out of the region and the operator can 
bring his timber to the main line on a down grade. Roadbeds 
along natural drainage should be placed above high-water mark 
when possible, although on roads which are to be used only 
for a short period, it may be cheaper to build near the stream and 
suffer a few washouts rather than incur a very heavy construc- 
tion expense. 
(2) The shortest possible route is desirable, but it is better 
to increase the length of line if heavy cuts, fills, and bridge and 
trestle construction can be avoided. 
(3) "Velocity" grades are often used to advantage in crossing 
"draws" or depressions but they are feasible only on straight 
1 See a decision of the Supreme Court of Tennessee. Carson vs. Three 
States Lumber Company (Tenn.), 69 Southwestern Reporter, 320. 1902. 
^ See Brandon vs. Umpqua Lumber and Timber Co. 146 Pacific Reporter 
46. 1915. 
