Puett v. Western Pacific Railroad

OPINION

Appellant Ryon Puett owns land subject to respondent Railroad’s right of way. Puett contends that as owner of the servient estate, he has a right under the law to a private vehicular crossing over the Railroad’s right of way. The Railroad claims that, pursuant to the federal act granting its right of way, Congress intended that the railroads have exclusive use and possession of the surface of the way; consequently, the Railroad contends that the appropriate remedy — both for Puett and as a matter of equity — is for the Railroad to issue a license to Puett. We agree with the Railroad…