Pennsylvania Rd. Co. v. Donovan

In denying injunctive relief to the railroad company, the Court of Appeals, which heard the case on evidence, based its decision upon the long-continued use of the open areaway and the attempted appropriation thereof by the ordinance of 1898 as a public taxi-stand and the ap parent recognition of the use thereof by the public and the acquiescence therein by the railroad company, and reached the conclusion that the public, including the defendants in error, have thereby acquired rights in said areaway by way of prescription.

The sole question for determination is therefore whether the facts…