Northern Pacific Railway Co. v. City of Spokane

Citations

• 45 Wash. 229
• 88 P. 135
• 1907 Wash. LEXIS 447

Syllabus

<p>Adverse Possession — Railroad Right of Way — Effect of Grant. Where a railroad grant conveyed 400 feet for a right of.way, which the company could not alienate, but by a subsequent act of Congress, alienations of portions of the right of way were approved, provided the right of way was not diminished to a less width than one hundred feet on each side of the center line, title may be acquired, as against the company, by adverse possession of the portions of the right of way which were more than one hundred feet from the center line.</p> <p>Same — Evidence'—Sufficiency. There is sufficient evidence to show hostile adverse possession of portions of a railroad right of way, inconsistent with the rights of a railroad company, where such portions were platted as parts of additions to a city, stakes driven to mark the boundaries, plats filed and taxes paid, with a general recognition in the community of ownership, and the'same assertion of exclusive dominion as over the other lots in the addition, when the lands were originally taken possession of by an entryman on the public domain, and possession since continued under patents purporting to convey the whole title.</p> <p>Same — Pleading—Admission. In an action to recover possession of real estate, a complaint alleging possession in the defendant, and asking possessory relief, admits that such possession was adverse.</p> <p>Railroads — Right of Way — Street Crossings — Estoppel. A railroad company is estopped to deny that platted and dedicated streets of an addition extend across its right of way, where it had platted and dedicated its own addition showing such crossings, and had recognized the rights of the city in streets in other additions by paying the amounts assessed to its right of way for improvement of the streets.</p>