Nauman v. Treen Box Co.

Opinion by

Mr. Justice Simpson,

On April 22, 1919, plaintiff sold and conveyed to defendant’s predecessor in title a piece of ground situated at the corner of Tioga and Tulip Streets (two open, public highways of the City of Philadelphia), retaining, for his own use as a coal yard, the balance of his lot, fronting on Tulip Street. Along Tioga Street there then was and still is a freight track, from which, at the time of the sale and for some years prior thereto, a siding or spur ran across the lot conveyed by plaintiff, and to and upon that retained by him; but the deed from him to defendant’s…