Washington Reports Volume 57
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...for a continuance until Mr. Stern's return to the city' Not, so far as the record goes, having done so or made any efiort to obtain it, he cannot take advantage of his own neglect find demand a new trial, as a matter of right, in order to the" produce such testimony. At all events, the same fact could have been proved by the persons to whom it is said the tender was made, and there is nothing in the record to show their inability to so testify. The judgment is therefore affirmed. Feb. 1910 Statement of Case. No. 8274. Department Two. February 19, 1910. FRED MCADAM, Appellant, v. Benson LOGGING & LUMBERING COMPANY et al., Respondents.1 Vsnnoa AND Puncnassa-----Boru Frne Puacnassa--Norrca or Easemssr--Esrorrsn. The purchaser of land subject to an easement for a logging road cannot assert an abandonment of the easement by nonuser, where, prior to his purchase, use of the easement had been resumed with the consent of the original owner. Eassmnnrs--Aaannonuanr--Errncr or Noxussn. Mere nonuser for ten years of a right of way granted for a logging road will not defeat the right, or amount to abandonment of the easement, where no time was stipulated for the use and no provision was made in the grant for restoration of the land on failure to use the same. Essamsnrs--Aassnonunnr---Inrenr---Evmarws: --Snrsxoumcr. Abandonment oi! an easement is not shown by the fact that the rails of a logging road were taken up and the right of way not used for ten years, where there was no provision that the land should revert by nonuser, the rails were taken up for temporary use pending litigation of the title to the timber lands served by the road, and the financial depressions of 1893 compelled further suspension of operations for several...
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