Zenier v. Spokane International Railroad Company

SMITH, Justice.

Appellant’s railroad extends generally in an east-west direction through the North Half of Section 31, Township 62, Range 1 East of the Boise Meridian in Boundary County. Respondent owns cultivated lands in said section adjoining and to the north of appellant’s railroad right of way.

The west side of respondent’s land is bordered by the drainage ditch and dike, extending in a north-south direction, of Drainage District No. 1 of Boundary County. A small maintenance road runs along the top of the dike. Just west of the southwest corner of respondent’s land where this dike road…