Pennsylvania Railroad v. Guthrie

Citations

• 66 Pa. Super. 470
• 1917 Pa. Super. LEXIS 291

Syllabus

<p>Railroads — Right of way — Deeds—Possession.</p> <p>A railroad company cannot acquire title by adverse possession nor can a claimant against such company, but where it is uncertain as to how much land was embraced in the original grant of the right of way, the existence of a visible demarcation between the lines of the railroad company’s property and the abutting owner will be prima facie evidence that the respective titles were Separated by said line and that the line was acquiesced in by'the railroad and the abutting property holder.</p> <p>Where the terms of a grant of a right of way are general and indefinite, its location and use by the grantee acquiesced in by the grantor will have the same effect as if it had been fully described by the terms of the grant.</p> <p>Where a railroad company is entitled to the possession of an embankment within its right of way, it is entitled to the exclusive possession at all times and for all purposes.</p>