Burlington Northern R. Co., Inc. v. Scheid

ERICKSTAD, Chief Justice.

Burlington Northern appealed from a summary judgment dismissing its suit against the Scheids for damages caused by the Scheids' removal and sale of railroad tracks and switches on land owned by the Scheids and the Scheids’ refusal to allow Burlington Northern to remove tracks remaining on the Scheids’ land. We reverse and remand.

In 1944 the Northern Pacific Railway Company, Burlington Northern’s predecessor, entered into an agreement with the Truax-Traer Coal Company pursuant to which railroad tracks were constructed on land owned by Truax-Traer. The tracks were…