Court of Appeals of Washington May 5, 1980, No. 6639-1-I (Zobrist v. Culp)

James, A.C.J.

—This case concerns the ownership of a Whatcom County railroad right-of-way easement.

Plaintiff Elaine Zobrist owns the underlying fee of a portion of the easement here in dispute. The original deed of conveyance in 1901 provided in part that:

Said right of way is hereby granted for the purpose of running and operating a Railroad thereover . . .