This section contains the nature of the case and procedural background.

In 1950, D, the State Highway Department, purchased a two-acre tract behind P's for the purpose of building a highway garage. A pass way right, for the benefit of D's lot, was created by a conveyance of the original owner of both pieces of property in 1876. At first, the pass way over P's lot was used for the purpose of bringing in animals and taking out the products of the slaughterhouse. About 35 or 40 years ago, the slaughterhouse burned and thereafter the property was occupied for farming purposes. The pass way was thereafter used for taking in and out farm machinery and for the removal of crops. In P's deed is the following provision: 'The right of passway leading from the Slaughter-House Lot to North Street is included in this conveyance.' P's contention is because the terms of the original grant are not known, the use of this pass way must be restricted to that for which it has heretofore been used, and D's grantor had no right to grant it a right of way over P's property to move its vehicles and equipment. The court dismissed the petition.

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