Riefler & Sons v. Wayne Storage Water Power Co.

Citations

• 232 Pa. 282
• 81 A. 300
• 1911 Pa. LEXIS 715

Syllabus

<p>Deeds — Construction—Reservations and exceptions — E'a'sements—Extinguishment — Corporate powers.</p> <p>1. The right to make use of the land of another for a precise and definite purpose, not inconsistent with a general right of property in the owner is in legal contemplation an easement or franchise and not a grant of the soil.</p> <p>2. The distinction between a reservation and an exception is that a reservation is some new thing issuing out of what is granted; an exception is the withdrawal from the operation of the grant of some part of the thing itself. An exception applies only where the subj ect already exists.</p> <p>3. The terms “reservation” and “exception” are often used interchangeably, and the technical meaning will give way to the manifest intent even though the technical term to the contrary be used.</p> <p>4. A canal company, the powers of which were limited to the operation of a canal and railroad appurtenant thereto, in 1851 conveyed certain lands by three deeds each containing the following clause: “Excepting out of the premises aforesaid, and hereby expressly reserving to the said .... Canal Company, and their successors and assigns, the absolute and unqualified right to occupy so much of the land as they may consider necessary for a reservoir or reservoirs, . . . ., and to construct a dam or dams for such reservoir purposes and to overflow all the land that they may require for such purposes. Also reserving to the said party of the first part, their successors or assigns, the right at all times hereafter freely and without charge to ... . take .... from the land or premises hereby conveyed, .... all the stones, . . . . or other material .... requisite or convenient for constructing, . . . . or maintaining the said reservoir . . . ., with the right also at any and all times forever of full ingress, egress and regress . . . ., through or from the lands hereby conveyed, .... as fully and as absolutely in regard to all the exceptions and reserva