Daugherty v. Helena & Northwestern Railway

This "is a suit in -ejectment brought bji the appellee railroad company to recover a 1.32-acre tract of land that was formerly occupied by the company’s tracks. The railroad line was abandoned in 1951, and the trackage was removed. It is contended by the appellants, the abutting landowners, that the railroad company had a mere easement in the property and that the right of possession reverted to the landowners when the railroad was abandoned. The company contends that it owned not an easement but the fee simple. The circuit court, trying the case on an agreed statement of fact, upheld the…