Donora Southern Railroad v. Pennsylvania Railroad

Citations

• 213 Pa. 119
• 62 A. 367
• 1905 Pa. LEXIS 388

Syllabus

<p>Railroads — Right of way — Disputed title — Equity—Injunction.</p> <p>Where a railroad company organized under the general railroad law of Pennsylvania enters upon lands and lays its tracks with the consent of a person who had long been in possession of the lands under a claim of title, and thereafter takes title to such land from the person in possession, another railroad company which has acquired an adverse title to the land has no right to enter upon them and tear up the tracks of the first company, and if it does so it will be restrained by injunction from a repetition of such action, but such injunction will be subject to the right of the parties to establish their rights in the land in a court of law.</p>