Breen v. Pittsburg, Harmony, Butler & New Castle Railway Co.

Citations

• 220 Pa. 612
• 69 A. 1047
• 1908 Pa. LEXIS 827

Syllabus

<p>Street railways — Boroughs—Borough consent — Location of tracks— Sidewalk — Right of abutting owner — Equity.</p> <p>An owner of property abutting on a street has a standing to maintain a bill in equity to restrain a street railway company from laying its tracks on a sidewalk in front of his premises where the borough ordinance merely gave to the railway company the right to use the street, together “with the right to construct such switches, curves, crossovers and turnouts as are necessary for the operation of its railway,” without any grant of a right to use the sidewalk and when there is an invasion of the property of an abutting owner by malting a cut of two or three feet in length below established grade and extending into complainants' property used as a sidewalk over eight feet.</p>