Listed below are the most significant precedential railroad right-of-way opinions which established the common law rules used to construe the meaning of the term "right-of-way" in railroad deeds in the State of Washington, from the earliest days through Brown v. State of Washington (1996). I limit the list to Brown v. State of Washington, and prior, because this page is used to show the continuity of legal precedent which was used through Brown. This list was established from the opinions cited as precedent in Brown, then going to those opinions and obtaining the opinions cited there. I continued this process to the earliest railroad right-of-way opinions in Washington State/Territory.
In his briefs for the Hilchkanum decisions, the King County prosecutor claimed that the common law used to construe railroad deeds was dramatically changed in Brown v. State of Washington (1996). I describe his dishonest legal argument as Norm Maleng's "legal theory". These precedential railroad right-of-way opinions should have governed the construing of the Hilchkanum deed in King County v. Rasmussen (2001), King County v. Rasmussen (2002), and Ray v. King County (2004). Unfortunately, the common law precedent held in these opinions was ignored by the Federal Ninth Circuit and Washington State judges who construed the Hilchkanum deed because they chose to abandon the law in order to protect the participants in the East Lake Sammamish federal tax fraud scheme. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)
The precedential decisions, linked below, have been given added emphasis to highlight the meaning of the term "right-of-way". The portions of the opinions which deal with the meaning of the words "right-of-way" in railroad deeds are presented in dark green font. Further emphasis is made by use of bold font and bold italic font.
The menu on the sidebar to the left contains the same opinions without my emphasis.
1996: Brown v. State of Washington (1996)
1993: Harris v. Ski Park Farms (1993)
1990: King County v. Squire (1990)
1986: Lawson v. State (1986)
1986: Roeder v. BNSF (1986)
1979: Veach v. Culp (1979)
1977: Zobrist v. Culp (1977)
1956: Scott v. Wallitner (1956)
1950: Swan v. O'Leary (1950)
1929: Morsbach v. Thurston Co. (1929)
1910: Pacific Iron Works v. Bryant Lumber (1910)
1905: Abercrombie v. Simmons et al (Supreme Court of Kansas, 1905)
1894: Reichenbach v. Washington Short Line Ry. Co. (1894)
1893: Biles v. Tacoma, Olympia & Gray's Harbor R.R. Co. (1893)