Newell Rod and Gun Club, Inc. v. Bauer

HUDOCK, Judge:

In the instant appeal, Appellant, Newell Rod and Gun Club, Inc., (the Club), claims that the trial court erred in granting it a prescriptive easement or right-of-way rather than title in fee to a roadbed formerly used as a railroad. We disagree and thus affirm the order of the court below.

The facts underlying the present appeal, as listed in the trial court’s factual findings, may be summarized as follows: The Club is the owner in fee simple of several parcels of land in Colley Township, Sullivan County, Pennsylvania, totalling approximately 1,320 acres. Appellees, Walter Bauer…