Richards v. Buffalo etc. R.

Citations

• 137 Pa. 524
• 19 A. 931
• 1890 Pa. LEXIS 992

Syllabus

<p>1. When a railroad company enters upon land to construct its road, without acquiring the land under the right of eminent domain, but relying upon the grant of the right of way from an alleged owner, a subsequent grantee of the real owner may afterwards maintain ejectment against the company. The action is not personal to one who owned the land when it was so taken.</p> <p>2. If the agent of the company, at the time he procured the grant for the right of way, knew that another than the grantor had title to the land, ' the real owner, though by his words or silence he may have encouraged the execution of the grant and allowed the company to construct and operate its road for years without objection, is not estopped from subsequently asserting title.</p> <p>3. Where, in such case, the real owner subsequently brings ejectment against the railroad company for the land occupied, and there is submissible evidence that the company’s agent had knowledge of the plaintiff’s title when he procured the grant of the right of way, binding instructions to find for the defendant would be error.</p> <p>4. Upon recovery by the plaintiff; in such action, and the subsequent affirmance of the judgment, the Supreme Court will order the execution thereof to be stayed for a sufficient time to enable the railroad company to condemn the right of way under its power of eminent domain.</p>