The following excerpt is from Robert v. Sadler, 10 N.E. 428, 104 N.Y. 229 (N.Y. 1887):
It is perfectly well settled that, in a case like the present, the public acquire only a right of way, with the powers and privileges incident to that right, (Jackson v. Hathaway, 15 Johns. 452;) and that the owner of the fee retains his exclusive right in all mines, quarries, springs of water, timber, and earth for all purposes not incompatible with the right of way. The question in every case turns upon what is incident to the construction or maintenance of the right of way.
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