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PUETT v. WESTERN PACIFIC R. CO.

No. 17764.

752 P.2d 213 (1988)

Ryon R. Puett, Appellant, v. WESTERN PACIFIC RAILROAD COMPANY, a Corporation, Respondent.

Supreme Court of Nevada.

March 30, 1988.

Attorney(s) appearing for the Case

Wilson and Barrows, Elko, for appellant.

Woodburn, Wedge, Blakey and Jeppson and Suellen Fulstone, Reno, for respondent.

OPINION

PER CURIAM:

Appellant Ryon Puett owns land subject to respondent Railroad's right of way. Puett contends that, as owner of the servient estate, he has a right under the law to a private vehicular crossing over the Railroad's right of way. The Railroad claims that, pursuant to the federal act granting its right of way, Congress intended that the railroads have exclusive use and possession of the surface of the way; consequently, the Railroad contends...

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