(Download) "Wolf v. Central Oregon & Pacific Railroad" by at Jackson Supreme Court of Tennessee * eBook PDF Kindle ePub Free
eBook details
- Title: Wolf v. Central Oregon & Pacific Railroad
- Author : at Jackson Supreme Court of Tennessee
- Release Date : January 12, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Plaintiffs appeal following the trial courts entry of summary judgment in favor of defendant. Plaintiffs, who are owners of real property in Douglas County, Oregon (the Wolf property), brought this action against defendant, claiming a prescriptive easement that would allow them to continue to use the private crossing over defendants railroad tracks that intersect their land. They also sought damages they alleged had resulted from defendants removal of the paved surface of the existing private crossing. The trial court granted summary judgment in defendants favor based on its conclusions that plaintiffs could not obtain a prescriptive easement over a government granted railroad right-of-way and that the railroad, in this case, obtained its right-of-way before plaintiffs predecessor-in-interest filed his claim to the land at issue. On appeal, plaintiffs assert that the trial court erred in determining that (1) a prescriptive easement could not lie over property granted by the federal government as railroad right-of-way; and (2) the land in question had been granted to the railroad by the federal government. We affirm.
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