Humbert v. West Penn Railways Co.

Citations

• 228 Pa. 440
• 77 A. 661
• 1910 Pa. LEXIS 506

Syllabus

<p>Deeds — Covenants—Construction—Street railway — Passes—Carriers.</p> <p>Where an owner of land grants it by deed to a street railway com- ' pany in consideration of the latter furnishing free electric current and issuing five passes to such members of the grantor’s family as he may designate, “for such length of time, only, as they reside at their present residence,” and the family removes for a short time to another state, but afterwards returns, and for many years thereafter the passes and electric current are furnished without objection, the railway company cannot allege as a ground for forfeiting the privilege conferred by the deed, the removal of the family to another state years before; nor does the fact that the title to the residence passed to another, give the right of forfeiture, if the family continues to occupy it.</p>