Swissvale Borough v. Pittsburgh & Connellsville Railroad

Citations

• 238 Pa. 611
• 86 A. 520
• 1913 Pa. LEXIS 1021

Syllabus

<p>Railroads — Obstruction of public road — Uncertainty as to location — Injunction—Equity—Appeals.</p> <p>1. In a proceeding in equity to enjoin the obstruction of a public road or highway, if there be uncertainty as to the location of the road, that is, if there is uncertainty whether the locus in quo is a public road, an injunction will not go out.</p> <p>2. On a bill in equity against a railroad company for a mandatory order to compel the removal of tracks from a public road, a decree refusing the order will be affirmed where facts are found at the request of defendant, and not assigned as error, to the effect that the railroad company had never in any way encroached upon the public road in question.</p>