Marshall v. Pennsylvania Co.

Citations

• 44 Pa. Super. 68
• 1910 Pa. Super. LEXIS 127

Syllabus

<p>Equity — Jurisdiction—Remedy at law — Railroads—Right of way— Adverse possession.</p> <p>1. Where rights which are legal are asserted on one side, and denied on the other, the remedy is at law and cannot be settled in equity forms.</p> <p>2. A bill in equity will be dismissed for want of equitable jurisdiction where the plaintiff claims title by adverse possession to a slope of land not inclosed and not cultivated, adjoining the tracks of a railroad, and the defendant railroad claims that the land was taken under its charter powers, and that the slope was a part of its right of way and necessary for the protection of its roadbed.</p> <p>3. Where the charter of a railroad company authorizes the company to take land to the extent of a certain width named, the courts will presume that the full width authorized by the charter was appropriated in the absence of evidence, tending to show a limitation to a less amount.</p>