Philadelphia Hardware v. Philadelphia

Citations

• 253 Pa. 69
• 97 A. 938
• 1916 Pa. LEXIS 783

Syllabus

<p>Municipalities — Railroad companies — Elevation of tracks — Agreement with city — ■Injuries to abutting property owners — Liability of municipality. -</p> <p>Where the tracks of a railroad company were located in the bed of a street at grade, and the municipality and the railroad company entered into an agreement for the elevation of the tracks, wherein it was provided that the cost should be divided, and for the purpose of carrying out the city’s part of the agreement the. city council opened a further portion of the street, thereby condemning private property, the property owner was not entitled to recover from, the city, damages for direct or consequential injury resulting to its property from the construction or operation of the elevated railroad, or for, the loss of its siding at grade. For compensation for such injuries, recourse must be had against the railroad company.</p>