Perkiomen Railroad v. Kremer

Citations

• 218 Pa. 641
• 67 A. 913
• 1907 Pa. LEXIS 589

Syllabus

<p>Railroads — Right of toay — Ejectment—Evidence—Province of court and jury.</p> <p>In an action of ejectment by a railroad to recover land alleged to be included within the company’s right of way, it appeared that the plaintiff claimed title by a general release executed more than thirty years before by defendant’s predecessor in title. The lease did not describe the land by metes and bounds. The plaintiff offered in support of his contention nothing except the deed of release, and the oral testimony of its engineer, who spoke simply as an expert' from data obtained from the company’s office, and information which he had derived on inquiry of others, supposed from long residence to be familiar with conditions as they had existed. The witness had not assisted in the original location of the road. The authenticity of the data consisting of plans and notes, was not admitted by defendant. Held, (1) that it was reversible error to take the case from the jury and direct a verdict for the plaintiff; (2) that the burden was on the plaintiff to establish its title to the land in dispute, and this could only be done by evidence satisfactory and convincing to the jury, and (3) that as the evidence was wholly oral, this of itself necessarily drew the case to the jury.</p> <p>However clear and indisputable may be the proof, when it depends upon oral testimony, it is nevertheless the province of the jury to decide under instructions from the court as to the law applicable to the facts, and subject to the salutary power of the court to award a new trial if they should deem the verdict contrary to the weight of evidence.</p> <p>Estoppel — Declarations—Evidence—Railroads.</p> <p>That which parties cannot pass by their direct act, they cannot pass by way of estoppel through their conduct.</p> <p>In an action of ejectment by a railroad company to establish title to land alleged to be included within the right of way, testimony as to declarations made and directions given by certain