The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-02-20
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LEASE OR EASEMENT.
Case of Mach Interest 60 Logging
Railroad Men.

TIE bg-k o. TIE afternoon = yuAge
MORRIS department yesterday vas osxos-
&C 70 argument On q question % eorss3-
srahis Interest 80 TIRE bulserx szd owusrs
OF iogzing rafirpa6s r. ~ Puget SOUND
country. TIE qassEioa arose IA tnls way.
". y. Norman ard his wife 81 January.
lssz. szfsrsd into q written agreement CT
lease with j. L. Taylor. Of this eary, FOR
rsght-of-wsy for a iogElng railroad over
a strip % land extending about SO rzrzts
from Adelaide station. or ms Seattle 4 II
teTrattonal railway, for a period OF five
years Taylor baist and equipped tas road
and used il for about FIVE rsonths for the
transportation OF logs 20 Adelaide, whence
they were shipped 70 his nala in Seattle.
Taylor was 20 pay go a year ard 70 nay.
tle right 70 renew the lease a. tns end 81
five years for another Eve years. He paid
the Annual rental. within q few dollars.
for three years. but the rsnt for the last
two years has rot beer paid The lumber
buziaesa 6econing unproafzbse IN fsz-. the
project wsz abandoned. but the locom0-
tive, tender and logging trucks were left
or the road.
These Taylo~ sold. together ~ftn the
iron rails on the road. In February. 1850
70 DAVID X Evans, OF Spokane. who On
the same day sod them 20 the DaHvli.e
Coal Company. Tor Use on It's lne from
Esi9yvisie. on the Columbia s. Puget Sound
railroad. 70 the Danvtlle urine
This company last summer tore mp
part Of the logging railroad. but none Of
that psrt running over NorTnsn's iAnAA-
This part was left Untouched Until the
present month. when, February 5. the
company proceeded 70 tear up and remove
that part also. The Sormans AZ once Sc
cured temporary restraining order.
which VAS noted At the tine II The Post
lnteZhgencsr. on the ground that ina RATS
had become their property 81 the expira-
ton OF the Eve years ths lease or agree
ment not having been renewed.
The parties 10 the suit agreed on the
facts OF ne case and submitted their
agreement In writing 30 Judge Moore for
final decision as 20 The legal effect OF the
failure 20 remove the rails from the land
before the expiration OF the fEe-year lease.
John Wiley. for the plaintiffs, coateuded
that the rails had thereby become aban-
done1 and forfeited % the owners OF the
land. ard that the attempt OF the Danyi..e
Coal Company 20 remove them was such
a tEaspass as ought TO be restrained by in
Junction John Arthur and + r. Blaine
for the defendants. argued. on the other
hand, that the rails had been placed there
for q temporary purpose with the intsn-
ton OF removing them when that purpose
had bAen accomplished; that they were
caatteis In use FOR trade purposes and had
never become such fixtures as would al
tach TO the realty. that the removal OF
them at the termination OF the lease could
at the utmost be nothing more than tres
pass on the Normans' land. which could be
compensated in damages; and there Is no
necessity for an injunction in such a case.
The issue thus resolved itself into the
question whether the lease 10 Taylor ere
ated the relation OF landlord and tenant, or
merely an easement for temporary trade
purposes over the Norgnans' land. This
question Judge Moore took under advise
ment.