Kemble v. Phila. etc. R. Co.

Citations

• 140 Pa. 14
• 21 A. 225
• 1891 Pa. LEXIS 792

Syllabus

<p>(«) Abutting owners upon a city street, on the public plan but unopened, entered into an agreement with a railroad company granting to the latter the use of twenty feet of the middle of the street for its roadbed, free of charge, the company to curb and pave fifteen feet on each side thereof “ to remain open for public use as a public highway forever: ”</p> <p>1. In a bill filed by a successor to the title of one of the abutting owners, to compel the railroad company to remove its tracks laid on the street outside the twenty feet granted, there being no averment that the tracks complained of had been laid without authority of law, the bill was demurrable, such an averment being absolutely essential.</p>