New Dells Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The following opinion was filed December 7, 1937:

Fowler, J.

As appears from the opinion in the companion case filed herewith, New Dells Lumber Co. v. Chicago, *629St. P., M. & O. R. Co., ante, p. 614, 276 N. W. 632, after that case was first before the court and decided, the plaintiff procured a deed from one Kessler to whom it had theretofore conveyed the land in city block 14 to the south of the strip of land on which the spur track involved is located. The original deed to Kessler granted an appurtenant easement for switching service over that spur. The deed from Kessler purported to transfer…