Caldwell v. East Broad Top Railroad & Coal Co.

Citations

• 169 Pa. 99
• 36 W.N.C. 405
• 32 A. 85
• 1895 Pa. LEXIS 1075

Syllabus

<p>Deed — Conditions—Railroad station.</p> <p>Where a deed to a railroad company contains a condition that the company shall erect at a place designated a freight and passenger station, the character of the station to be maintained is to be determined by the needs of those who use it and of the company.</p> <p>Equity — Parol testimony to vary deed — Railroad—Obstruction of water power.</p> <p>Plaintiffs, in 1884, conveyed by deed to defendant company a right of way over his land for a railroad, on condition that defendant should erect at or near a place designated a freight and passenger station, with sidings for the convenient shipment of freight to and from the station. More than six years after the completion of the road, he filed his bill to compel by injunction the location of the siding in such a manner as to enable him to connect it with a track to his sawmill, and to require the defendant to so construct and maintain its road as to restore a water power on his property, and to establish a station to be named “ Caldwell.” All the rights alleged in the bill, except that of having a station and siding,. rested upon an alleged oral agreement made at and before the delivery of the deed. Defendant’s answer alleged compliance with the condition of the deed in so far as plaintiff would permit, and denied the alleged oral agreement. It also alleged that, prior to the filing of the bill, plaintiff had instituted an action in ejectment to recover the land, and also an action to recover damages for the injuries complained of, which actions were still pending. The case was referred to a master, who heard the testimony of the plaintiff and the scrivener who wrote the deed, in support of the oral agreement, and the testimony of the agent of defendant denying that any such oral agreements had been made. The master decided that the testimony of the plaintiff and the scrivener was not sufficient to overcome the responsive answer, the testimony of defendant’s agent and the cor