Kearney & Son v. Fancher

LANGDON, Justice.

This case involves the construction of an express easement granted by deed, involving the use of a railroad switch track and grounds. When it was no longer physically possible to bring railway cars onto the property the appellant in June, 1962, constructed a fence along its property line beside that of the appellees’ obstructing the latter’s use of the strip involved.

Appellees filed this suit seeking to enjoin the appellant from fencing its (appellant’s) property and in any way obstructing ap-pellees’ use of an 18 foot strip of land, being 9 feet on each side of the center…