LOGGING ROADS AND RAILROADS 177 



under a lien for services performed on the logs of another. 1 

 The number of decisions interpreting lien statutes is very 

 large, and the development of this phase of the law so ex- 

 tensive that an attempt to fully discuss it in this treatise is 

 not considered advisable. Any reader specially interested 

 in the procedure necessary to perfect, preserve and enforce 

 a hen upon logs, lumber or other timber products should 

 consult the lien statutes and the text books or encyclopedic 

 articles devoted to a discussion of liens. 2 



129. Logging Roads and Railroads. The public has 



no right to use a private logging road, but the use of such a 

 road does not of itself imply an agreement to pay for the 

 use. 3 Even the custom of the public to use old logging 

 roads does not give a right to use such a road if the owner 

 of the land objects. 4 A breach of an agreement by which 

 one party agrees to prepare a road over which the other 

 party is to haul logs has been held to render the party at 

 fault liable for damages at least to the amount of the profits 

 that the other party would have realized except for the 

 failure to prepare the road. 5 In several states there are 

 laws specially authorizing the construction of logging roads, 

 railroads and flume-ways, and in a few provision is made for 

 the charging of a toll for the use of such road, railroad or 

 flume by another. 6 A logging railroad has been defined 

 by a court as one constructed for the convenience and ac- 

 commodation of lumbermen. 7 Although the operators of 

 such railroads are required to exercise reasonable care both 



1. Minton v. Underwood Lbr. Co., 79 Wis. 646; Losie v. Underwood, Lbr. Co., 79 



Wis. 631. See McGuire v. McCallum, 110 Mich. 91. 



2. See Cyclopedia of Law & Procedure, 1st Ed., Vol. 25, pp. 1586 to 1600. 

 American & English Encyclopedia of Law, 2d Ed., Vol. 19, pp. 536-542. 



3. Thoniaf^. Parrott, (Wis.) 82 N. W. 554. 



4. Marshfleld Land & Lbr. Co. v. John Week Lbr. Co. (Wis.) 84 N. W. 434. 



5. Corbett v. Anderson, 85 Wis. 218; Cf, Sutton v. Lbr. Co. (Ky.) 44 S. W. 86 (Oral 



evidence not admitted.) 



6. See 



N. C. Rev. Laws, 1908, Pell, Sec. 2686. 



N. M. Annot. Stat. 1915, Sees, 2117-2118 (Logging R. R. common carriers). 

 Ore. Oregon Laws, 1910, Lord, Sees. 6503-6524, Sees. 6857-8 (condemnation). 

 Pa. Purdon's Digest, 1905, Stewart, pp. 2345-2356. 

 Wash. Annot. Code, 1910, Rem. & Bal., Sees. 7106-7109. 



W. Va. Code 1906, Sec. 2370. See Code. 1913, Hogg, See 3135 (railway tram). 

 Wis. Statutes 1915, Sec. 1771. 



But see, Garbutt Lbr. Co. v. Ga. & Ala. Ry. (Ga.) 36 S. E. 942 (private R. R. may 

 not take private property.) 



7. Tompkins v. Gardner etc. Co. 69 Mich. 58, 37 N. W. 43. 



