Reid v. Minneapolis & Rainy River Railway Co.

Olsen, C.

Appeal by plaintiff from an order denying his motion for a new trial.

The action is one to enjoin the defendant from using a so-called spur track for purposes other than to serve plaintiff in his shipping business or such as are consented to by him; also to recover damages for alleged unauthorized use of said track by defendant.

Defendant owns and operates a railroad in this state, commencing at Deer Biver and running thence northerly to its termination at the Big Fork river in the northeast quarter of the southwest quarter of section 36, township 63, range 26, at what is known as the…