Republic I. Works v. Burgwin

Citations

• 139 Pa. 439
• 21 A. 386
• 1891 Pa. LEXIS 1012

Syllabus

<p>(а) A decedent, at the time, of Ms death, owned and was engaged in mining upon certain coal land, between which and the Monongahela river lay another tract of land owned by him. Across the latter ran a narrow-guage railroad, built by him to connect said coal with the river, and used exclusively to transport the product of his mine.</p> <p>(б) In a proceeding for the partition of his estate, by agreement of all parties, to certain of his heirs were allotted the coal, and also the railroad, with the right to maintain and renew the same forever, and with the additional right to “the parties named in the inquisition as owners of the coal and railroad,” to build branch railroads on ten specified streets, laid out on the partition plot.</p> <p>(c) For nearly fifty years no attempt was made to construct any branch railroad, and the existing road was used for forty-five years exclusively as a coal railroad. In 1887, some years after the coal had been practically all mined out, the owners of the railroad attempted to build a branch road of standard guage on one of said streets, for general railroad purposes:</p> <p>1. It being clear, from the above facts, that the purpose of the provisions in the decree, relating to the building of branch railroads, was to afford to the owners of the coal property facilities for removing and marketing the coal upon it, said provisions did not justify the attempt to build a branch railroad, not necessary, and not to be used as an appurtenance to the coal property.</p>