Davis v. Wheeling, Pittsburg & Baltimore Railroad

Citations

• 26 Pa. Super. 364
• 1904 Pa. Super. LEXIS 321

Syllabus

<p>Railroad — Eminent domain — Damages—Release of damages.</p> <p>A general release of damages to a railroad company as to land taken for right of way will be construed to embrace every injury to the entire tract necessarily resulting from the construction of the railroad as originally located, and for the lawful exercise of the right of the company to extend its works, within the limits of the right of way to meet the demands of increasing traffic.</p> <p>Railroads — Private right of way — Adverse possession against railroad company.</p> <p>A landowner is not entitled to recover damages from a railroad company for encroachment upon a private right of way averred to have been acquired by prescription, between trestle supports, alleged to have been decreased from a greater to a less width, where the evidence shows that the owner had the use of the greater width for the period of only fourteen years prior to the action of the railroad company in lessening the width.</p> <p>Not decided whether a private individual may acquire by adverse possession a private right of way over land included in a railroad company’s right of way.</p>