Duggleby v. Chicago, Rock Island & Pacific Railway Co.

The defendant C., E. I. & P. Eailway Company assailed the petition by proper motion on the ground of misjoinder of parties-plaintiff and of causes of action. This motion was overruled and complaint is made of such ruling.

It appears from the record that one of the branch lines of the Eailway Company was abandoned in the year 1925 by appropriate direction and order of the Interstate Commerce Commission. The Eailway Company owned its right of way as an easement and not in fee simple. By reason of such abandonment the owners of the various tracts of land from which the right of way had been…