Pa. R. Co. v. Ayres

• Decision Date: 07 August 1888
• Citation: 50 N.J.L. 660,14 A. 901
• Parties: PENNSYLVANIA R. CO. v. AYRES.
• Court: New Jersey Supreme Court

14 A. 901

50 N.J.L. 660

PENNSYLVANIA R. CO.

v. AYRES.

Court of Errors and Appeals of New Jersey.

August 7, 1888.

Error to supreme court.

Ejectment by Samuel Ayres against the Pennsylvania Railroad Company for a strip of land lying next the railroad track, in the city of Railway. The supreme court rendered judgment for plaintiff, (3 Atl. Rep. 885,) and defendant brings error.

E. T. Green and B. Gummere, for plaintiff. Vail & Ward, for defendant.

PER CURIAM. Judgment of the supreme court affirmed, for the reasons given in that court.

DIXON, MAGIE, and REED, Justices, and CLEMENT, COLE, and MCGREGOR, JJ., concurring.

BEASLEY, C. J., (dissenting.)

This is an action of ejectment for a small strip of land lying next to the railroad, in the city of Rah way, in a street called "Railroad Avenue." The facts are these: In the year 1835 the New Jersey Railroad & Transportation Company had constructed its road from Jersey City westwardly through Elizabeth, to the boundary line of a large tract of land belonging to one Brown, lying on the westerly side of Rahway. Just before this Mr. Brown had caused this tract of land to be platted and mapped, and the map to be filed in the office of the county clerk. This map, among other things, shows an avenue, called "Railroad Avenue," in the center of which was platted a double-tracked railroad, a portion of the same being marked by the words "R. R. Depot." Prior to the sale of any lots by Brown, the railroad company, that by its charter was empowered to acquire the lands necessary for its construction in fee simple, had begun the extension of its road from the easterly boundary of Brown's land towards New Brunswick, and over this land and along the route marked on the map, as just mentioned, as railroad tracks. Several months after the completion of the railroad over this tract Brown made sale of a lot marked "No. 91" on the map. It is described in the conveyance as being situate on the easterly side of Railroad avenue. Then followed a conveyance from Brown to the company of the railroad track in fee, and after that he conveyed two other lots, marked "93 and 95" on the map, to the father of the plaintiff. These three lots (91, 93, 95) are now the property of the plaintiff. It is claimed that the railroad company has widened its track, and taken into possession more land than was conveyed to it, and it is to recover possession of this parcel of land that this action was brought.

The claim of the plaintiff is that, as his conveyance bounds his lot on the westerly side of Railroad avenue, he thereby acquired title to the street to its center line. To support this contention, the case of Salter v. Jonas, 39 N. J. Law, 469, was cited. The rule of law thus appealed to is not in dispute; it is a matter of fact that calls for settlement. This Railroad avenue was marked on the map as 100 feet wide, the railroad track of about 33 feet in width passing through its center, with an open roadway on...