Philadelphia v. River Front R.

Citations

• 133 Pa. 134
• 19 A. 356
• 1890 Pa. LEXIS 882

Syllabus

<p>1. In construing a writing, a word, not plainly inserted by accident or mistake, is never to be thrown out entirely, wheu there is a plain and . natural construction which can be given to it, not manifestly destructive of the general intent of the sentence in which it occurs.</p> <p>(а) A city by ordinance consented to the construction by a company of a single track railroad along a street, stipulating that suitable turn-outs to and into warehouses, etc., should be constructed, when requested by their owners. Property owners filed a bill to restrain the construction of the road.</p> <p>(б) By consent, a decree was made reciting an agreement between the parties that the railroad company should build “ a single track only, without sidings for standing or passing trains,” and should at no time “ construct any such switches or turn-outs,” and enjoining the company from violating the terms of the agreement.</p> <p>(c) The company constructed a single track in accordance with the agree- ■ ment. Some year’s after, at the request of the owners of a warehouse, a turn-out connecting the main track with their warehouse was constructed, whereupon the court attached the officers of the company for contempt, and ordered the removal of the turn-out:</p> <p>2. The words, “ switches or turn-outs,” as used in the agreement and the decree founded thereon, were the equivalent of “sidings,” and the words, “such switches or tura-outs,” meant therein sidings for standing or passing trains; wherefore, the construction of the turn-out to connect with the warehouse was not a violation of the agreement.</p> <p>3. Even if it were in violation of the decree, the court could not order the removal of the turn-out, without making the owner of the warehouse a party to the proceeding; whether the thing itself was constructed and owned by him or by the railroad company, he had a sufficient interest in its use to entitle him to notice and a hearing.</p>