Oliver v. Pittsb. V. & C. Ry. Co.

Citations

• 131 Pa. 408
• 19 A. 47
• 1890 Pa. LEXIS 1127

Syllabus

<p>[To be reported.]</p> <p>1. When a landowner consents to the entry oí a railroad company upon his property, and sees the expenditure by the corporation oí large sums oí money in the construction thereon of its roadway, part of an extended line for the carriage of passengers and freight, he cannot treat the entry so made as a trespass, upon the ground that it was not preceded by payment of or security for the compensation payable to him for the land taken, etc.</p> <p>'2. By such consent, however, he does not lose his right to compensation, and he may at any time afterward proceed under the statute to have it assessed, or he may bring ejectment for the land; but the latter action will be treated as equitable in its character, and a reasonable stay of execution upon the judgment therein will be granted, to enable the company to condemn the land as of the date of its entry, by proper proceedings under the statute.</p> <p>8. When a railroad company entered upon land and constructed its roadbed under a formal release of the right of way from a widow, who was in actual possession of and the holder of a life-estate in the property, and with the knowledge and acquiescence of the guardian of the minor remainderman, the entry was not a trespass, but was rightful, and the remainderman’s rights are governed by the principles above stated.</p> <p>4. When the person who was the owner of land at the time of the appropriation dies without having received payment of compensation or security therefor and no steps have been taken during his lifetime to divest his title, Ms heirs,' to whom that title descends upon Ms death, become clothed with all his rights and may maintain ejectment against the railroad company for the land occupied by it: Davis v. Railroad Co., 114 Pa. 308, and kindred cases, distinguished.</p>