O'Reilly v. Clinton Block Coal Co.

Citations

• 266 Pa. 198
• 109 A. 609
• 1920 Pa. LEXIS 534

Syllabus

<p>Easements — Right-of-way—Construction of railroad across way —Interference with easement — Equity—Injunction.</p> <p>1. Where the owner of a farm has the mere right of passage in a lane leading from the farm to a public road, the owner of the land on which the lane is situated may grant to a railroad company the right to cross with its tracks the lane in question, if it does not interfere with the reasonable and lawful enjoyment of the right of passage.</p> <p>2. The crossing and operation of the railroad at grade across the lane are not, per se, an interference with the right of passage.</p> <p>3. The possibility of danger in the future from the operation of the railroad at grade is not sufficient ground for granting an injunction restraining future operation and the removal of the crossing.</p>