Murdoch v. City of Pittsburgh

Citations

• 256 Pa. 268
• 100 A. 869
• 1917 Pa. LEXIS 599

Syllabus

<p>Municipalities — Highway—Road law — Ordinance—Title—Equity — Preliminary injunction — Railroad sidings.</p> <p>1. An ordinance of the City of Pittsburgh providing for the widening and changing of grade of a public street and changing the name thereof, entitled, “An ordinance Opening Hamilton Avenue ......fixing the width and position of the roadway, establishing the grade thereof, and providing that the cost, damages and expenses occasioned thereby be assessed against and collected from properties benefited thereby,” is not invalid on the ground that the title does not express or indicate the real object and purpose of the ordinance, and contains more than one subject, although the street varies in width at different points, and has been dedicated by different persons, or in part was based upon a presumption of dedication, where it appeared that the street in question had existed for more'than twenty-one years, recognized by the city and used as a public highway.</p> <p>2. Property owners for whose accommodation a railroad siding is laid in a public street are not entitled to an injunction to prevent its removal by the city, and particularly cannot complain of a change in the grade of the street, on the ground that the change interferes with and renders useless suGh a siding.</p> <p>3. If plaintiff is entitled to damages, the remedy is at law and not in equity.</p>