Jones v. Pittsburg, McKeesport & Youghiogheny Railroad

Citations

• 11 Pa. Super. 202
• 1899 Pa. Super. LEXIS 126

Syllabus

<p>Railroads — Improvements under act of 1869 — Grant of easement — Emiment domain.</p> <p>A grant to a railroad company of a right of way and easement, for a consideration in money and certain covenants “not to interfere with a roadway leading to a sawmill,” etc., is not to be construed as binding the railroad company never to exercise its right of eminent domain, under the Act of March 17, 1869, P. L. 12.</p> <p>The right of a railroad company to make the necessary improvements contemplated by the act of 1869 was intended in large measure to be exercised for the public good and it will not be presumed, in the absence of clear words, that a company intended to barter away that right and thus disable itself wholly or in part to perform the public functions which it has undertaken.</p>