Drummond v. Steele

BRYAN, Circuit Judge.

TMs is a writ •of error to review a judgment dismissing plaintiff’s petition on general demurrer. The facts alleged in the petition are substantially the same as those developed in the ease of St. Andrews Bay Lumber Co. v. Drummond (C. C. A.) 299 F. 238, and need not be restated. In that case the plaintiff in this case recovered as damages the value of a quantity of rails removed from a terminal or braneh line of railroad track. The point insisted on there was that the title to the rails did not revert to plaintiff, and one of the grounds for holding that such title did…