Tacoma Mill Co. v. Northern Pacific Railway Co.

Citations

• 89 Wash. 187

Syllabus

<p>Contracts — Construction—In Pari Materia. Where a written agreement refers to a right of way deed between the parties, and the deed refers to the written agreement, in recital of its consideration and purposes, the two must be considered in pari materia.</p> <p>Deeds — Construction—Intention—Unambiguous Words. While the contract must be read as a whole and the general design must not be frustrated by allowing too much force to single words or clauses, the controlling canon for the interpretation of deeds, if unambiguous, is to ascertain the intention of the grantor from the words employed.</p> <p>Railroads — Right op Way Deed — Construction—Use—Purposes Authorized. A right of way agreement and deed for a railroad company’s “Bay Side extension” along the water front of a large city, “for railway and similar purposes,” through the grantor’s mill property, in consideration of certain privileges, the railroad company agreeing to erect a fireproof tunnel, and maintain grade crossings and a switch and free switching service for the sole use of the grantor, being unambiguous and without any reservations or limitations as to the number of trains to be run or the right to extend the branch line to any other point should it be found necessary, will not be construed to limit the company to the use of the way for a branch freight line to serve local industries, for which it was originally constructed, and the grantor cannot object to the company’s use of the extension as a part of its main line upon making a necessary change in the main line route, merely because some of the grantor’s privileges will be curtailed or destroyed by such extended use of the way; since it was obvious that the “Bay Side extension” was more than a mere side track or industrial spur, and that the growth of the city and location of numerous industries might compel almost continuous use of the branch, and the legal effect of the grant was that the land may be used for such legitimate railroad and publ