McCracken v. Gumbert

Citations

• 131 Pa. 36
• 18 A. 1068
• 1890 Pa. LEXIS 1080

Syllabus

<p>[To be reported.]</p> <p>(a) An owner of land sold the coal under it, excepting the red crop coal, and granted to the vendee the right of way for railways at crossings of ravines, and also the right to run coal from other lands through the entries made and used in taking out the coal so sold. The topography of said land was such that the coal in an adjoining tract could be brought to the entries referred to only by means of a railway, crossing a ravine and passing into an opening made through the outcrop at the rear of the vendor’s land.</p> <p>1. It is presumable, from the terms of the contract of sale, that the parties knew it would be necessary to construct such an opening and railway, and that the construction thereof was in their contemplation at the time the grant was made; it was therefore the duty of the court to so construe the grant as to give it effect, by holding that the right thus to bring other coal to the entries made in taking out the coal so sold, was authorized, as a necessary incident, by the grant of the right to transport it through those entries.</p>