Weyerhaeuser Co. v. Burlington Northern, Inc.

Weyerhaeuser Company, the successor to Weyerhaeuser Timber Company (Weyerhaeuser), appeals from a dismissal with prejudice of its action against Burlington Northern, Inc. (Railroad). The suit involved the construction of a deed of timberland in Cowlitz County from Railroad to Weyerhaeuser. The trial court, sitting without a jury, held against Weyerhaeuser’s claim that Railroad had no interest in certain basaltic andesite rock situated on the land conveyed by that deed, and that Weyer- haeuser was not entitled to damages for removal of the rock by Railroad.

The issue on appeal is whether the…