44 Pa. Super. 68 | Pa. Super. Ct. | 1910
Opinion by.
This controversy arises out of a dispute in regard to the location of the defendant’s right of way. This right of way was acquired by grants to the Ohio & Pennsylvania Railroad Company under which corporation the defendant claims. The location of the line of the original company was adopted in 1850. The grants did not specify the width of the right of way, but as the charter of the company authorized it to take land to the extent of sixty-six feet in width except at cuts and fills we may presume that the full width authorized by the charter was appropriated in the absence of evidence tending to show a limitation to a less amount: Jones v. R. R. Co., 144 Pa. 629. The plaintiff acquired title long after the location of the right of way and her deed calls for the railroad as the western boundary. The question is one of title, therefore, and there is a lack of equitable jurisdiction for the plaintiff’s title is denied in the bill and this denial is supported by evidence. It is true that there are no marks of the outside lines of the land originally appropriated, but the notes of survey and the map of the original location were proved and are relevant evidence bearing on the subject of the extent of the appropriation. It is peculiarly within the power of a railroad company to establish the true location of its lines. They are not required to record the location, but generally surveys are adopted which define them with reasonable accuracy. The learned trial judge was of the opinion that the plaintiff had been in open, hostile, peaceable and notorious possession of the slope for more than fifty years to the extended line of a stone wall on the east side of the track. If by that it was meant that the plaintiff had acquired adverse possession to that line we think
The decree is reversed and the injunction dissolved at the costs of the appellee.