Conwell v. Philadelphia & Reading Railway Co.

Citations

• 241 Pa. 172
• 88 A. 417
• 1913 Pa. LEXIS 755

Syllabus

<p>Railroads — Right of wag — Statute of limitations — Adverse and continuous use for more than twenty-one years.</p> <p>1. The right of way of a railroad company, whatever its established width, as soon as acquired, is impressed with a public use. It constitutes a public highway. The railroad company holds it in trust for the people of the Commonwealth, which trust is a direct and continuous trust against which no statute of limitations runs.</p> <p>2. No right of occupancy in the right of way of a railroad company within its established width can be acquired by adverse and continuous use for twenty-one years.</p>