241 Pa. 172 | Pa. | 1913
Opinion by
In order to comply with the municipal requirements as to' the discontinuance of grade crossings within the limits of the City of Philadelphia, the Philadelphia & Reading Railway Company in the year 1909 proceeded to elevate its tracks. To accomplish this work it was found necessary at the point which here concerns us, to occupy to its fullest extent on the west side the right of way of the railway company which was of a width of sixty-six feet, under chartered privilege. At this point, the southwest corner of Dauphin street, was situate a lot owned by the plaintiff, improved by a three-story brick store and dwelling which had been erected in 1877. That this structure encroached to a certain extent upon the right of way of the railway company is a conceded fact. In the work of elevating its tracks the company found it necessary to cut away the projecting corners of the bricks of this building where the walls were tied together, and so much of the cornice and bay-window as overhung its right of way. It also removed the outside steps to the doorway on the east side of the building, and by its superstructure not only blocked up this door but interrupted a way which the plaintiff and her predecessors had enjoyed since 1877 along the eastern side of the lot. The plaintiff brought her action of trespass asserting her ownership of the entire premises occupied by her building and its approaches. On the trial she advanced no other claim of ownership, as to so much of the property as had been interfered with by the railway company, than one resting upon alleged adverse and continuous user for more than twenty-one years. That plaintiff’s building with respect to encroachments upon defendant’s right of way had remained continuously the same from the time of its erection down to the railway company’s interference with it was conceded. The case then presented the single question whether title to any part of the railway company’s right of way could be acquired through continued adverse possession. In
The assignments of error are overruled and the judgment is affirmed.