Opinion by
This appeal is from the judgment entered below following the dismissal of plaintiffs’ motion for a new trial in an action of trespass wherein relief was sought for an allegedly improper termination of an implied irrevocable license. The case was submitted to a jury solely on the issue of damages, the question of liability having been by agreement reserved to the court. The jury returned a verdict of “no damage.” The court thereafter, and following argument on the matter of liability, determined that “there is no valid basis upon which to impose liability upon defendant.” Appellants, of course, disagree and further contend that the jury’s verdict was capricious. Appellants also as *197 sign as error a series of allegedly improper rulings by the trial court on their objections to the admission into evidence of certain testimony and exhibits, all of appellants’ exceptions to which rulings were discussed at length in the lower court’s opinion.
Pursuant to authority conferred by ordinance of the City of Philadelphia, dated June 9, 1900, appellee entered into an agreement with the Commercial Trust Company on February 14, 1901, the sum and substance of which agreement called for the erection and maintenance by appellee of an elevated footbridge from the train floor of appellee’s Broad Street Station to the second-story level of the proposed, but as yet unconstructed, Commercial Trust Building. When completed, the footbridge crossed Market Street on the easterly side of 15th Street. It was used for fifty years by patrons of appellee’s railroad, by tenants of the Trust Company and its successors in title, and by the general public. Appellee’s trains entered its Broad Street Station after passing over the widely familiar “Chinese Wall.” As the years and times progressed, during which period appellee had constructed its downtown Suburban Station and its West Philadelphia 30th Street Station, the number of arrivals and departures from the Broad Street terminus lessened and lessened. Finally, and following approval of the Pennsylvania Public Utility Commission on March 10, 1952, appellee’s last scheduled arrival entered Broad Street Station on April 27, 1952. Shortly thereafter the station was closed, a partition between its building and the footway was erected and later both the station and the footbridge were razed. The old “Chinese Wall,” as well, succumbed to the modern drug of urban redevelopment.
So as to allow for the abutment of the footbridge at its northerly side, the Commercial Trust Building had to be specially constructed and was, accordingly, *198 so designed that stairways and doorways not ordinarily in such areas were provided for and installed. Because of this special conformance, which was necessitated to comply with the contractual provisions of the agreement of 1901, appellants, as successors in title to the Commercial Trust Company, claim that a license, impliedly arising from the agreement, became irrevocable. They assert as damages the special costs incident to the erection of the building in so special a way; the expense incurred in closing up the wall following the removal, of the footbridge, in tearing down the stairways inside the building, and in converting this space into offices; the rental losses allegedly suffered as a result of the disappearance of the footbridge which had been a “talking point” instrumental in the leasing of various offices; the depreciation in the market value of the building.
We have studied in detail appellants’ well argued positions and have found them not to be sustained by the record. It seems to us that there is an unsurmountable barrier to appellants’ case. They are confronted with a contract that does not say what they would like it to have said. And, while they argue for a fair and reasonable judicial discernment of the intent of the parties to the 1901 agreement, citing among other authorities
Wood v. Lucy, Lady
Duff-
Gordon,
Appellants also contend that irrespective .of the written agreement of 1901, they .acquired the asserted right of an irrevocable or executed license .by - prescription. This is equally without merit. ■ The undisputed facts belie the existence of such a right. In addition, these parties, or their'predecessors, in title, stipulated and defined their rights and obligations, in a writing of their own making. The rights acquired are defined in the contract:
Witman v. Stichter,
*200 Tbe lower court was clearly correct in concluding no liability existed.
Judgment affirmed.
