Chicago, Rock Island & Pacific Railroad v. Spool Stockyards Co.

ESTES, Chief Judge.

This is a suit for title to certain tracts of land in Potter County occupied by plaintiff’s tracks and formerly used as a portion of its main line, and for an injunction requiring defendant to remove a barrier erected by it and restraining further interference with plaintiff’s use and possession. By stipulations, disclaimers and admissions the controversy is now only with respect to the right of way covering a 200 foot strip across Section 124, Block 2, AB&M Survey. Until 1958 this constituted part of the main line of plaintiff (hereinafter referred to as “Rock Island”) and…