Pittsburgh & Western R. R. v. Butler Borough

Citations

• 242 Pa. 461
• 89 A. 579
• 1913 Pa. LEXIS 909

Syllabus

<p>Municipalities — Eminent domain — Railroad companies — Opening of streets through railroad property — Equity—Injunction— Remedy at law.</p> <p>1. A municipality may open a street through the land of a railroad company used for railroad purposes where such opening will not destroy the use of the land by the railroad, ©r the railroad franchises and where a public necessity for the street exists.</p> <p>2. A municipal ordinance provided for the carrying of a street over the land of a railroad company, occupied by stations and railroad tracks, by means of a viaduct. The railroad company brought a bill in equity to enjoin the municipality from opening the street and from building the viaduct over its land. There was evidence that the railroad company would be inconvenienced during the construction of the viaduct, and that certain of the supports thereof would interfere slightly with the use of a freight station, or of a track approaching thereto. It appeared that the property could still be used for railroad purposes, and that the construction of the viaduct would contribute to the public safety by making possible the elimination of dangerous grade crossings. The lower court found that the railroad company could be compensated in damages for whatever injuries it might sustain by reason of the building of the viaduct, and dismissed plaintiffs’ bill. Held, no error.</p>