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ZOBRIST v. CULP

No. 47180-1.

95 Wn.2d 556 (1981)

627 P.2d 1308

ELAINE ZOBRIST, Individually and as Executrix, Petitioner, v. FRANK CULP, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

May 7, 1981.

Attorney(s) appearing for the Case

Sam Peach, for petitioner.

Diamond & Sylvester, by Lyle L. Iversen, for respondents.

ROSELLINI, J.

This is a quiet title action brought to establish the petitioner's right to property claimed by the respondents as a railroad right-of-way. The deed to the respondents' predecessors granted an easement which was limited by the following provision:

Said right of way is hereby granted for the purpose of running and operating a Railroad thereover and the said first party reserves the right to free access...

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