Burlington Northern Railroad v. Chicago & Northwestern Transportation Co.

HANNA, Judge.

Defendant, Chicago & Northwestern Transportation Co. (“C & NW”), appeals the trial court’s granting of summary judgment in favor of plaintiff, Burlington Northern Railroad (“Burlington”). On December 1, 1984, Burlington and C & NW entered into a “Temporary Agreement Covering Advance Right of Entry and Occupancy of Burlington Northern, Inc. Property” (“Temporary Agreement”).1 This temporary agreement granted permission to C & NW to use Track No. 3 for the purpose of receiving interchange traffic from Burlington.

As consideration for C & NW’s use of the .79-mile long track, the…