Pittsburgh v. Town of Crownpoint

• Decision Date: 24 May 1898
• Citation: 150 Ind. 536,50 N.E. 741
• Court: Indiana Supreme Court
• Parties: PITTSBURGH, C., C. & ST. L. RY. CO. v. TOWN OF CROWNPOINT et al.

150 Ind. 536

50 N.E. 741

PITTSBURGH, C., C. & ST. L. RY. CO.

v.TOWN OF CROWNPOINT et al.

Supreme Court of Indiana.

May 24, 1898.

Appeal from circuit court, Lake county; John H. Gillett, Judge.

Action by the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company against the town of Crownpoint and others. Judgment for defendants, and plaintiff appeals. Affirmed.

N. O. Ross and Geo. E. Ross, for appellant. C. N. Morton and J. W. Youche, for appellees.

HACKNEY, C. J.

The appellant sought to enjoin the appellees from constructing a pavement upon certain ground claimed by the appellant to belong exclusively to it, and as forming a part of its depot and station grounds at Crownpoint. The case was tried by the court, and resulted in a special finding of facts, with conclusions of law stated and excepted to, and a judgment in favor of the appellees. There is no question but that the fee in the way in dispute is in the appellant, but the points of contention are as to whether the way became a public street by user or by dedication, and whether the proceedings of said town for the paving of said way were valid. The facts specially found are substantially as follows:

In the year 1865 the then owners of the land duly laid out and platted the same as Railroad addition to the town of Crownpoint, which plat was duly acknowledged and recorded, and which territory is now, and ever since has been, within the corporate limits of said town. At about the same time the Chicago & Great Eastern Railway Company located and constructed its railroad in the middle of its right of way through said Railroad addition; said road running diagonally through said addition, in almost an exact northwesterly and southeasterly direction. The width of said right of way from the point where said road enters said Railroad addition, for a distance of about 400 feet along said line of road, in a northwesterly direction, is 50 feet on each side of the center of the track; from this point on, along said line of railroad, for a distance of about 1,125 feet, the width of said way is increased to 150 feet on each side of the center of said track; and from thence on through said addition it is again only the width of 50 feet on each side. Goldsborough street, in said addition, runs from west to east to and beyond said widened part of appellant's right of way, but not over the same; and Jackson street runs from south to north to and beyond, but not through, said right of way. At the time said railroad was so constructed, said company located its depot at Crownpoint on the southwesterly side of its tracks upon said widened part of said right of way in said Railroad addition, at a point nearly on a line with Goldsborough street extended east, and Jackson street extended north. Said depot was a large frame structure, close to the main track, and extending south west wardly therefrom about 40 feet. During the year 1865 the owners of the land upon which Railroad addition was afterwards located conveyed to said railroad company, by deed, the said strip of land through said addition, along which said railroad was located, including the widened part thereof; and afterwards appellant acquired the legal title to said right of way, and to said widened strip of land, in said addition. Soon after said railroad and depot were constructed, and not later than 1886, said company built, and for many years thereafter maintained, an elevated walk alongside, and to the rear of, said depot building, extending 40 or 50 feet beyond each end thereof, about 100 feet in length, and running parallel with said railroad track, and which was used in connection with said depot; separating it from the depot ground lying to the rear thereof. Said depot and walk existed and were maintained by said railroad company from the year 1865 or 1866 until about 1886, when they burned down; and thereupon said company constructed a new depot upon nearly the same site, and said latter building still remains. Said railroad, with its switch, side tracks, depot, and freight house, are now as they have existed since 1886. Shortly after said railroad was constructed, said Goldsborough street, and also Jackson street, began to be and were used extensively and constantly by the public generally for travel and passage in such manner as public streets are ordinarily used. During the year 1866 the public, in traveling and passing north on said Jackson street, were in the habit of passing north on the line of said street, extended, to the rear of said depot building, and from thence west in a straight line to said Goldsborough street; and they likewise traveled and passed along said Goldsborough street, extended, to the rear of said depot, and to the line of Jackson street, extended, and thence south to and upon said Jackson street; and during said year the route so used by such travel became well worn and marked; and such travel was constantly substantially upon the same route, without material deviation therefrom, and continued along the same during 1865, 1866, and 1867. During the year 1867 the town marshal of Crownpoint, who then had supervision of the streets of said town, in his official capacity caused said route of said travel to be graded, worked, and improved as a public street of said town, by digging ditches on each side thereof, and throwing the excavated earth between them; thus forming an elevated roadway, which roadway was so constructed by him from the east end of Goldsborough street eastwardly, in the rear of said depot, to the north end of Jackson street, substantially upon the route of travel which had been before that time so used by the public, which said roadway was situated wholly upon said depot ground, to the rear and alongside of said depot and walk, and formed a connecting roadway between said streets. From 1867 until the commencement of this suit said roadway was constantly and continuously maintained substantially upon said place and route, and during each of said years was worked and improved its entire length, to the width of 30 feet, by the public authorities of said town, at public expense, as a street of the town of Crownpoint; said work consisting of ditching alongside of said roadway, and scraping the earth towards the center thereof, and maintaining an elevated roadbed or grade suitable for public passage or travel with all kinds of vehicles; and during all of said time the streets and roads of said town in the neighborhood of said roadway in controversy were usually worked upon and improved by the public authorities of said town twice each year,-in the spring and fall; and during said time said roadway in controversy was worked, improved, and treated by the public highway authorities of said town the same as other streets of said town in that neighborhood, and there was not a single year since 1867 during which no road work was done by the public authorities of said town upon said roadway in controversy. Beginning with the year 1866, the public has constantly, continuously, and without interruption, used the said roadway so constructed as aforesaid for public travel in all the ways in which public streets are ordinarily used therefor; much of said use during all of said time consisting in daily travel of persons coming from the south along said Jackson street, and going to the said depot to transact freight and passenger business there, and also by persons coming along said Goldsborough street, and going east thereon, for said like purpose, to said depot; but a large amount of the travel on said roadway was by persons daily, during all of said time, in passing north on said Jackson street to said Goldsborough street, and east on said Goldsborough street to Jackson street, and in so doing passing over said roadway in controversy, without going to, or having any business with, the said railroad company, or at said depot; but said company, or its predecessors, have done no affirmative act, aside from acquiescence, to establish said way as a street. Said roadway in controversy has continuously, during the past 30 years, been one of the most constantly and frequently used roadways of said town, and the public travel upon, along, and over said roadway has so continued without interruption, and has been in daily use by the public for public travel thereon from the year 1866 to the commencement of this action; and during all of said years it has been the ordinary and most frequently used route of travel between Goldsborough and Jackson streets, and to and from said depot,-the said streets being the routes to reach the same. Such travel has been open, notorious, and visible, and the work and improving done have been likewise open, notorious, and visible; and the station agents of appellant and all its predecessors in title and ownership have constantly had full notice and knowledge of said travel and improvement, but neither appellant nor its predecessors have ever prevented, or attempted to prevent, or made any objections to, the public improvement or public use of said roadway for travel as aforesaid. From 1865 to 1870 that part of Railroad addition lying on each side of said right of way and depot grounds was mostly built up and improved as urban property, and dwelling houses and business buildings were erected by their owners upon all the lots on each side of Goldsborough street, and also on Jackson street, all of which buildings and improvements still exist. About 1866 a large livery barn or stable was built upon lots 5 and 6 in block 17 in said addition, facing upon the said roadway, and the same was from that time on, with some interruptions, used to carry on the livery business; and during all of said time the only access to and from said livery stable was upon, along, and from the said roadway in controversy; and the residents and people owning and doing business in the buildings along said Goldsborough and Jackson streets have constantly used said...