255 Pa. 462 | Pa. | 1917
Opinion by
In this ejectment both parties claim from Benjamin Dilworth as the common source of title. At the conclu-' sion of the testimony a verdict was directed for the defendants. At the time the learned trial judge affirmed defendants’ point for binding instructions, he gave no reason for so disposing of the case, but subsequently, in the opinion overruling plaintiffs’ motion for a new trial, the reasons are stated at length.
The Ohio & Pennsylvania Railroad Company, to whose rights the appellees have succeeded, was incorporated by Act of April 11,1848, P. L. (1849), 754, and by its charter was authorized to entér upon any land and appropriate as much, thereof as might be deemed necessary for its corporate purposes. Nothing is said ip the act as to the width of a strip of land that it was so authorized to take. A portion of its proposed road was located through lands of Benjamin Dilworth, and on May 5, 1850, he granted to it by deed “the full and perfect right of way through and over said lots or lands” for its railroad purposes. With the grant indefinite as to the width of the right of way, what did the railroad company take under it? It clearly had the right to appropriate land of such width as its board of directors, in the exercise of their honest judgment, deemed necessary for the future as well as for then existing railroad purposes: Railway v. Peet, 152 Pa.. 488.
The Ohio & Pennsylvania Railroad Company was not able to agree with the owners of lands immediately east and west of the Dilworth tract, and, within ten days from his grant to it, condemnation proceedings were instituted by it for the assessment of damages to be paid to those owners. The record of the condemnation proceedings, properly admitted in evidence to show what the railroad company then regarded as a necessary width for its right ■of way, established the fact that, at the time Dilworth executed his grant to it, it claimed and obtained, by proper adverse proceedings, from the adjoining owners,
At the time appellants’ predecessors acquired title it appeared from the acts of the appellees upon'the ground that they claimed title to land lying between the center line of its road and a line forty feet distant therefrom on each side. When these appellants acquired their title in 1900, this was manifest to them, and there was no evidence that, from 1884 down to. the time this action was
Judgment affirmed.