Estate of Spickler v. County of Lancaster Board of Commissioners

BROSKY, Judge.

This is an appeal from an order dismissing exceptions to a memorandum opinion in a quiet title action. The action was brought to litigate the existence of an easement over property which was formerly a railroad bed. The trial court found that no such easement existed and appellant has appealed raising several allegations of error and arguments in its favor, included among them, that there existed an *544easement by operation of the Railroad Act of 1849. We reverse.

The facts of relevance are: Appellant, Estate of Spickler, brought this action to quiet title to an easement purportedly…