DAUGHERTY v. HELENA & NORTHWESTERN RY.

No. 4-9957.

252 S.W.2d 546 (1952)

DAUGHERTY et al. v. HELENA & NORTHWESTERN RY.

Supreme Court of Arkansas.

Rehearing Denied December 8, 1952.


Attorney(s) appearing for the Case

Dinning & Dinning, Helena, for appellants.

John L. Anderson, Helena, Charles J. Lincoln and House, Moses & Holmes, Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

This is a suit in ejectment brought by the appellee railroad company to recover a 1.32-acre tract of land that was formerly occupied by the company's tracks. The railroad line was abandoned in 1951, and the trackage was removed. It is contended by the appellants, the abutting landowners, that the railroad company had a mere easement in the property and that the right of possession reverted to the landowners when the railroad was abandoned...

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