Chambers v. Balt. & O. R.

Citations

• 139 Pa. 347
• 21 A. 2
• 1891 Pa. LEXIS 1001

Syllabus

<p>(a) Under a sealed agreement with the owner of lands subject to a mortgage, a railroad company, for the benefit of the owner’s business, constructed a Y upon the property, in consideration of a sum certain and the unrestricted right to turn its trains thereon whenever necessary.</p> <p>(b) Afterward, the land was sold upon a judgment obtained on the mortgage, and the purchaser and those acquiring his title recognized the continued use of the Y by the railroad company, under the agreement, for a period of twenty years after its construction:</p> <p>1. A master so finding, on a bill filed by the landowner to compel the company to remove the Y, alter such an acquiescence in its joint nse for the period stated, it was not error for a court of equity to decree that the plaintiff's bill should be dismissed.</p>