Hubbard v. Missouri Pac. R.

TRIEBER, District Judge.

This is an action to recover the value of rails removed by the defendant from a side spur on land before then purchased by plaintiff. The removal of the rails was made in February, 1922. The facts, which are undispüted, are that at the request of Mr. Pfrimmer, the then owner of the land, who was erecting a sawmill on his land, defendant’s predecessor in the ownership of the railway, constructed a spur track from the main line to the mill, furnishing the rails, fish plates, and spikes. In 1916 the mill ceased operations, but the rails were not removed until February,…