Terminal Coal Co. v. Pennsylvania Railroad

Opinion by

Mr. Justice Simpson,

On July 25,1871, James H. Hays, plaintiff’s predecessor in title, granted to the Pittsburgh, Virginia and Charleston Railway Company, through which defendant claims, a forty feet wide right-of-way across certain land owned by him, including therein the ravine at Beck’s Run. The agreement reserved to Hays, his heirs, and assigns, the right to construct, maintain and operate, over or under the right-of-way, but not at grade, such railroads as he or they might wish, provided that “in no case shall he or they interfere with the regular operations or general business”…