McCully v. Pittsburg Railways Co.

Citations

• 44 Pa. Super. 316
• 1910 Pa. Super. LEXIS 172

Syllabus

<p>Railroads — -Deeds for right of way — Width—Change of gauge — Change of motor power — Steam and electricity.</p> <p>Where a deed to a railroad company grants a right of way sixty feet in width with a release of damages and with a right to conduct water by aqueducts and to make proper drains, and “to include all such other rights and privileges as are or may be provided for said company by law, provided however that no further rights are hereby granted than said railroad company is now at present using and enjoying,” the grantee has the right to change the tracks from a narrow to a standard gauge, to change the motor power from steam to electricity, to use any surplus of electricity to bring cars of other affiliated lines to its own terminus, and physically to connect its tracks with those of a street railway at a point not on the right of way embraced in the grant, so as to insure a continuous haul of passengers without change of cars.</p>