Berger v. BNSF Railway
The plaintiffs sued the defendant railroad company to quiet title to an easement for railroad purposes along the back of their industrial property. The plaintiffs alleged the railway company was no longer using the easement for any railroad purpose and had abandoned the easement. After a bench trial, the trial court determined the plaintiffs had failed to prove the easement had been abandoned and entered judgment in the railroads favor. Plaintiffs appeal. Court affirm.
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