Bedal

The Union Pacific Railroad Company, here called Railroad, operated a railroad line paralleling the Payette River in the State of Idaho. At a point on that line between the towns of Nampa and McCall, a sidetrack had been constructed to the west of the main line of the track. On the third day of March, 1944, the Railroad, 1 as lessor, executed to the appellee Hallack and Howard Lumber Company, as lessee, a lease of that portion of its right of way paralleling the sidetrack mentioned extending a distance of approximately 550 feet. The leased tract was approximately 70 feet in width. Its side nearest the sidetrack was approximately 8% feet from the center of the track and the side most distant from the track, some 70 feet to the west, coincided with the westerly boundary of the Railroad’s right of way. This parcel of land was known as Banks Landing and it was leased for the sole purpose of serving as a log loading site. For a distance of some 15 or 20 feet back from the tracks the leased ground was level but from that point on toward the west there was a steep slope upward extending some 47 feet on an angle to a place where the ground again levelled off at this higher level which was…