Zobrist v. Culp

The defendant-railroaders appeal from a summary judgment quieting title to real property in the plaintiff-landowner. Title was quieted to a portion of the railroad right-of-way of the defendant Cascade Recreation, Inc. (now known as the "Lake Whatcom Railway Company") where it passes through land owned by the plaintiff. The trial court determined that the right-of-way

is an easement, and has ceased because the defendants have failed to meet the conditions of the original grant requiring the running and operation of a railroad [not cease] for a period of more than twelve consecutive months . . .