Northern Pacific Railway Co. v. Ely, 197 U.S. 1 (1905)

Northern Pacific Railway Company v. Ely

Nos. 102

, 88

Submitted December 15, 1904
Decided February 20, 1905
197 U.S. 1

ERROR TO THE SUPREME COURT

OF THE STATE OF WASHINGTON

Syllabus

Northern Pacific Railway Company v. Townsend, 190 U.S. 267, affirmed as to the point that individuals cannot for private purposes acquire by adverse possession under a state statute of limitations any portion of the right of way granted to the Northern Pacific Railway Company. But by the Act of April 28, 1904, that right of way was narrowed to two hundred feet in width and title acquired to land outside of a strip of that width was confirmed.

As the decree in this case was rendered and a writ of error therefrom was pending in this Court prior to April 28, 1904, the decree must be reversed and the case remanded to the state courts to be dealt with in view of the application of the Act of April 28, 1904.

The facts are stated in the opinion.