Martell v. Stewart

Woleslagel, J.:

This case was filed after defendant landowners refused to let the plaintiff remove ballast that had been used on a railroad right-of-way. The plaintiff claimed ownership of the ballast as the final assignee of removal and entitlement rights by purchase from the railroad company. The defendants claimed ownership under the law of abandoned railroad property, as they became reversionary owners of the land upon abandonment of the right-of-way.

After court trial, the trial judge decided ownership to be in the plaintiff and he granted the parties the privilege of agreeing on a proper…