Lilley v. Pittsburg, Virginia & Charleston Railway Co.

Citations

• 213 Pa. 247
• 62 A. 852
• 1906 Pa. LEXIS 458

Syllabus

<p>Railroads — Right of way — Agreement with landowner — Contract—Severable contract.</p> <p>Where an agreement between a railroad company and a landowner contains a grant of a right of way “for and in consideration of the benefits and advantages” from the construction of a railroad through the land, and also contains a release of damages, provided that the railroad company should pay a certain sum in money, make cattle guards, and give five wagon roads over its tracks, the contract is severable, and the rights to the wagon roads arc private rights of way owned by the owner, and may be condemned by the railroad company under the Act of March 17, 1869, P. L. 12, in widening its roadway.</p> <p>The right of a railroad company to make the necessary improvements contemplated by the Act of March 17, 1869, P. L. 12, 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 the company intended to barter away that right, and thus disable itself wholly or in part to perform those public functions it had undertaken.</p>