Irwin v. Smith

BOX, Judge:

An appeal by Richard Irwin, plaintiff in the trial court, from the sustaining of a demurrer to plaintiff’s evidence and denying of temporary injunction.

In the early 1900’s the St. Louis and San Francisco Railroad built, as a part of its regular line, a railroad between Okmulgee, Oklahoma and Muskogee, Oklahoma. The line was built on easement or right-of-way property rather than fee property. The land here involved was acquired under the Congressional Act of February 28, 1902, 32 Stat. 43 (Enid-Anadarko Act), which provides that when the railroad ceased to use any portion of the…