The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-03-24
THE PENNSYLVANIA CANAL.

The Title To the land Formerly Occupied aud
Used as Canal Vested In the Pennsy Ivania
Central Railroad.
The case of the heirs of General William
Robinson vs.. The Pennsylvania and West Penna.
Railroad Company was concluded yesterday.
The case is one of more than usual interest, not
on account of the value of the property imme-
diatey involved, but from the fact of its being
q test case, by which to a great extent will be
determined in whom the title for the land
formerly occupied by the State as canal,
and known as the Pennsylvania Canal, which.
after the canal was abandoned, was sold to the
Pennsylvania Railroad Company, is vested.
Sincethe rights, privileges and franchises of the
canal were transferred by the State to the Penn
sylvania Railroad Company, the general i'm
preston has obtained that the State never had
more than an easement in the land; that it was
never held in fee simple; that the title to the soil
never passed out of the original owner hands,
and is still vested in them or their heirs; that
the right to use the land for certain purpose Is
only vested in the State, and that when the
property ceased to be used for the purposes for
which it was granted it reverted to the grantor.
1t appears, however, that in decision of the
Supreme Court in case in which this question
arose il is held that, under the releases granting
the right of way to the State for the canal, the
title to the land in fee simple became vested in
the State, and the railroad company claims
under deed or deeds from the State the title is
now vested in them.
HISTORY OF THE CASE.
1t appears that after the passage of the act of
AsHSHuIy Ill lou, Tue COHSJTuc-
tion of the Pennsylvania Canal, General Robin
son ceded 10 the Commonwealth the lands
necessarily occupied by the canal, excepting
therefrom ground for basin. Subsequent to
this grant, an act was passed providing that all
persons having claims against the State for
damages for lands entered upon and taken in
the const uction of the canal, or for any other
cause arising out of the construction of the
same, should 90 into the Court of Quarter Ses-
sions of the proper county, and ask for the ap
pointment of viewers to appraise said property
and assess the damages within one
year after the completion of the work
on said canal, otherwise such claim
should be void The State, it appears
entered upon the property of Mr.. Robinson, now
In dispute, and constructed basin, and although
an exception had been made in the grant as to
land for basin, yet there never was any appfi-
cation made for the appointment of viewers to
assess damages. Some years since the canal
was abandoned and sold to the Pennsylvania
Railroad Company. Said company, by and
through the West Pennsylvania Railroad Com
pany entered upon and has since held posses
sion of said basin lot, for the recovery of the
possession of which this suit was brought.
Messrs. Acheson and Burg win appeared for the
plaintiffs, and John III. Hampton, Esq, for the
defendant The case was ably tried on both
sides, and occupied the time of the court for
over a week. The jury rendered a verdict for
defendants. PHtsburg Commercial, Of yes
fe11l0D