Pittsburgh's Petition

Citations

• 247 Pa. 384
• 93 A. 503
• 1915 Pa. LEXIS 844

Syllabus

<p>Roads and streets — Change of grade — Consequent change of grade of railroad — Injuries to abutting land — Proximate cause.</p> <p>Where a grade crossing has been eliminated by lowering the grade of a street and elevating the railroad tracks thereon a property owner upon an intersecting street cannot recover damages from the municipality for the alleged destruction of access to his land in consequence - of the necessary elevation of the railroad tracks upon the street on which his properly fronts where it appears that such street had previously been wholly occupied by the railroad tracks and had not been available for general traffic nor will such property owner be entitled to damages for the necessary removal of a private siding connecting his land with the railroad as the change of grade of the street was not the proximate cause of such injury.</p>