251 Pa. 383 | Pa. | 1916
Opinion by
This is an action of ejectment to recover possession of land adjoining the tracks of the Western New York and Pennsylvania Railway Company in the City of New Castle. The land in dispute is a small triangular piece which plaintiffs claim is included in their ninety foot wide right of way. Defendants also claim title to the property and aver actual possession by them and their predecessors in title from 1878 to the time this proceeding was instituted. At the trial, plaintiffs having proved title out of the Commonwealth to one James M. Craig offered in evidence the record of proceedings in 1874 by
Prima facie the title shown by plaintiffs is a good one and sufficient to warrant the judgment for plaintiffs entered in the court below. Defendants, however, in disputing plaintiffs’ right to possession raise a number of objections in support of their contention. The land in dispute abuts on the bed of the old Erie canal and lies within what was, at one time, low ground forming á widening or extension of the canal, which was used as a sort of basin in which to reverse or turn boats. Defendants contend the property in question was by such use appropriated by the State for canal purposes and offered evidence to show the basin adjoining the canal was constructed as part of the system and used in connection therewith for the purpose above stated, and further, that by proceedings in 1871, all property of the Erie Canal Company was levied upon and sold at sheriff’s sale, which title by various conveyances set forth in their supplemental plea and abstract of title became vested in George C. Reis, William H. Brown and A. B. Berger. Plaintiffs, in a supplemental abstract, denied the property in question was inclnded in the sheriff’s sale of the canal property, and contended that, even if it were, all rights of Reis, Brown and Berger therein were conveyed in 1874 to James M. Craig, their predecessor
As a further defense defendants denied that the New Castle & Franklin Eailroad Company had at any time legally located its road through the land in dispute, or that valid proceedings for assessment of damages were ever carried through and contended the land in controversy remained the property of James M. Craig and adjoined other real estate belonging to him, which was subsequently conveyed to defendants’ predecessor in title, who entered on the land in dispute, took possession of the same and occupied it continuously and adversely from the year 1878 to the date of beginning this action.
The first question to be determined is whether the land was at any time a part of the railroad’s right of way and included in the location thereof, and if not, whether the subsequent quitclaim deed to Craig from Eeis, Brown and Berger, was effectual to complete Craig’s title, so as to enable plaintiffs to recover in an action of ejectment.
By Act of March 27, 1824, P. L. 92, a board of commissioners was created for the purpose of promoting the transportation interests of the Commonwealth and by Act of February 25, 1826, P. L. 55, the construction of the Pennsylvania Canal, at the expense of the Commonwealth, was authorized. This canal was built about 1832 pursuant to these acts and was subsequently taken over by the Erie Canal Company, incorporated under the Act of March 7, 1843, P. L. 36, and abandoned in 1871. Defendants offered evidence tending to show that in the years 1834, 1835 and 1836, James Squires, a predecessor in the chain of title, of both plaintiffs and defendants, received compensation for the taking of the land in suit by the canal company. This evidence comprises an agreement between the commissioners and James Squires made in 1832, concerning the removal of certain buildings of the latter from property appropriated by ;the canal company and also various minutes of the canal
In our view of the case it is not necessary to decide as to the sufficiency of the identification of the land with that for which James Squires received payment or as to the effect of the admissions in the pleadings under the rule of court referred to. The property of the Erie Canal Company was sold in 1871; the title given by the sheriff was through subsequent conveyance vested in Reis, Brown and Berger. In the meantime Squires’ title became vested in James M. Craig and upon the location of the New Castle & Franklin Railroad in 1872, the land in dispute was undoubtedly included in their claim of right of way and damages therefor assessed to Craig. Even if these proceedings were irregular as contended by defendants, Craig received payment in full and would now be estopped from setting up a claim to the land. The quitclaim deed from Reis, Brown and Berger for the
We deem it unnecessary to discuss the question of adverse possession, as it is well settled that title by adverse possession cannot be acquired against a railroad company for a portion of its right of way, as it holds its property for a public use: Pittsburgh, Fort Wayne & Chicago Ry. Co. v. Peet, 152 Pa. 488; Conwell v. Philadelphia & Reading Ry. Co., 241 Pa. 172.
The remaining question for discussion relates to the proper parties plaintiff. At the time of instituting this proceeding and to the present date, the legal title to the railroad property has been in the Western New York & Pennsylvania Railroad Company. The summons was issued February 13, 1901. At that time the road was operated by the Pennsylvania Company under lease from the Pennsylvania Railroad Company, dated July 14, 1900, which went into effect August 1, 1900, to continue for one year thereafter. The Pennsylvania Railroad Company acquired right of possession from the Western New York & Pennsylvania Railway Company
To this extent the judgment of the court below is modified and judgment in favor of the Pennsylvania Company is affirmed.