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NORTHERN PACIFIC RAILWAY CO. v. ELY

Nos. 102, 88.

197 U.S. 1 (1905)

NORTHERN PACIFIC RAILWAY COMPANY v. ELY. SAME v. SAME.

Supreme Court of United States.

Decided February 20, 1905.

Attorney(s) appearing for the Case

Mr. C.W. Bunn and Mr. James B. Kerr for plaintiff in error.

Mr. William E. Cullen and Mr. Samuel R. Stern for Ely, defendant in error.

Mr. Harold Preston and Mr. F.T. Post for Browne and others, defendants in error, cited to effect that a railroad company may lose by abandonment or adverse possession unused portions of its right of way: Pittsburg &c. Ry. Co. v. Stickley, 155 Indiana, 312; Railroad v. Houghton, 126 Illinois, 233; Railroad v. O'Connor, 154 Illinois, 550; Railroad v. Moore, 160 Illinois, 9; Railroad v. Donohue, 165 Illinois, 640; Railroad v. Wakefield, 173 Illinois, 564; Matthews v. Lake Shore R.R., 110 Michigan, 170; Turner v. Fitchburg R.R., 145 Massachusetts, 143; Gay v. Boston A.R. Co., 141 Massachusetts, 407; Paxton v. Yazoo & M.V.R.R., 76 Mississippi, 536; Spottswood v. Morris E.R. Co., 61 N.J. Law, 322; Townsend v. N.P.R.R. Co., 84 Minnesota, 152; Bobbitt v. Railway Co., 9 Q.B. Div. 424; Newton v. Railway Co., 13 Ch. Div. 268; Rosseau v. Railway Co., 17 Ont. App. 483.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

This was a suit brought by the Northern Pacific Railway Company, successor to the Northern Pacific Railroad Company, in the Superior Court of the County of Spokane, State of Washington, against a large number of persons, to quiet title, remove clouds and recover possession of certain parcels of real estate, alleged to be portions of its right of way in that county.

The complaint alleged that plaintiff...

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