New Dells Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The facts in this case are not in dispute. For some years prior to 1905, plaintiff operated a sawmill on the west bank of the Chippewa river in the city of Eau Claire. Up to that time it had been driving its logs down the Chippewa river to the mill. In 1905 it determined to make an arrangement with the defendant railroad company for spur trackage to the mill. A contract was entered into on October 2, 1905, whereby plaintiff was to furnish the right of way and grade it, and the railroad was to build the spur and furnish the ties and rails. The agreement was carried out, plaintiff acquiring the…