Oregon Mesabi Corp. v. C. D. Johnson Lumber Corp.

Appellant, hereinafter called Mesabi, appeals from a judgment of the district court condemning a right of way for a logging road over appellant’s timber land to timber land of appellee, hereinafter called Johnson, enclosed on three sides by Mesabi’s lands. The judgment was for an exclusive easement providing that the described road “be and the same hereby is condemned and *999 appropriated to the plaintiff [Johnson] as a right of way for a logging road, and said lands are appropriated to and vested in the said plaintiff as an unlimited easement with the right to the exclusive use thereof, su1> ject to the right of the defendant, Oregon Mesabi Corporation, to make such necessary crossings of said right of way as will not unreasonably interfere with the use of said right of way by plaintiff; * * * ”

The litigation was commenced in the circuit court of Oregon for Lincoln County. Johnson’s complaint stated it to be a Nevada corporation and Mesabi an Oregon corporation. Mesabi filed its verified petition for removal on ground of diversity of citizenship, alleging it to be the defendant and that it is a Delaware corporation. The removal was ordered. Having thus succeeded in securing…