finding that an easement granted to a railroad did not allow the construc- tion of a power line that had no connection to the railway
How later courts described this case
- finding that an easement granted to a railroad did not allow the construc- tion of a power line that had no connection to the railway
- "the whole purpose for which the easement had been created was not at an end, there was yet a necessary incidental purpose to be served, the supplying of power for the operation of streetcars over that part of the line on which 'service' had not been discontinued ... [t]he evidence certainly does not show ... abandonment”
- “It is true that the owner of an easement may, in some circumstances, license or authorize third persons to use its right[-]of[-]way for purposes not inconsistent with the principal use granted.... ”
Written by the judges who cited it.
The opinion
The foregoing opinion by BARRETT, C., is adopted as the opinion of the court. All the judges concur.