Northern Pacific Railway Co. v. Ely

Citations

• 25 Wash. 384
• 54 L.R.A. 526
• 65 P. 555
• 1901 Wash. LEXIS 405

Syllabus

<p>ADVEBSE POSSESSION-OCCUPATION OF BIGHT OF WAY- INCONSISTENCY WITH EASEMENT-LIMITATION OF ACTION.</p> <p>Adverse possession of portions of a railroad right of way, for purposes inconsistent with the company’s use of the easement, maintained by the adverse occupant for the statutory period of limitation prescribed against actions for the recovery of real property, will bar an action by the company to recover possession thereof. (Northern Counties Investment Trust v. Enyard, 24 Wash., 366, distinguished).</p> <p>SAME-ESTOPPEL.</p> <p>Where a- railroad company stands by without objection for more than ten years and permits portions of its land grant for right of way to be acquired by settlers under the preemption and homestead laws of the United States, who, together with their grantees, plat said land into city lots, make valuable improvements thereon, and expend large sums of money for taxes and for' street improvements assessed against said lots, the company is estopped from asserting title to those portions of its right of way thus occupied.</p> <p>SAME-DEFENSE OF PUBLIC POLICY.</p> <p>Where, through the negligence and laches of a railroad company, the occupancy by others of portions of the right of way •granted to it by the government has ripened into title by adverse possession, the company cannot set up the defense that the right of way' wás granted for public purposes only and that it would be against public policy to permit either its abandonment by the company or the acquisition of adverse rights therein by way of estoppel or of the bar of the statute of limitations.</p>