Allegheny Valley R. R. v. Colwell

Citations

• 2 Monag. 300
• 15 A. 927
• 1888 Pa. LEXIS 817

Syllabus

<p>While silence on the part of a land-owner, or positive acts, towards a railroad compaiw, in acquiring an easement over his land, may possibly operate as an estoppel of an action of ejectment to assert the legal title, as against the easement, yet the evidence in this case was not sufficient.</p> <p>Where the land-owner is passively derelict, by knowingly permitting the improvements, the court will order a stay of execution, for a certain time, so as to permit condemnation proceedings, and to prevent a forfeiture of the improvements.</p> <p>It seems, that a corporation will be subject to the provision of the constitution of 1838, requiring previous payment or security for land-damages, in a case where an Act of Assembly was passed in 1837, authorizing the construction of a railroad in a certain time, and it expired by limitation, and an Act, subsequent to the constitution of 1838, revived the former Act.</p>