Lucas v. New York, N. H. & H. R. Co.

Citations

• 130 F. 436
• 64 C.C.A. 638
• 1904 U.S. App. LEXIS 4179

Syllabus

<p>1. Covenants — Construction—Performance.</p> <p>Defendant contracted with plaintiffs’ predecessor in title that, in consideration of his dedicating a strip of land to a village for the making of a roadway designated as “Depot Place,” defendant, when it changed its passenger station, would make suitable entrance ways to its station grounds, with suitable roadways and sidewalks, and continue such Depot Place eastward. This the railroad did, but shortly after the dedication the village became a municipal corporation, and thereafter so changed the grade of an avenue at the point where the continuation of Depot Place into its grounds joined the same that the avenue was raised about five feet above the surface of the driveway. The city then built a retaining wall on the easterly side of the avenue, obstructing the entrance to Depot Place, and depriving plaintiffs of the driveway, whereupon defendant opened a different entrance to its grounds. Held, that defendant’s covenant did not bind it to maintain a permanent entrance and roadway, and defendant, having maintained the same until the grade of the adjoining street was changed, was not liable for breach thereof.</p>