Zook v. Pennsylvania Railroad

Citations

• 206 Pa. 603
• 56 A. 82
• 1903 Pa. LEXIS 770

Syllabus

<p>Equity — Question at issue — Railroad—Siding on street — Grade.</p> <p>The only issues to be passed upon in a suit in equity are those raised by the pleadings.</p> <p>Where the sole object of a bill in equity is to prevent a railroad company from laying a siding in a street in any other manner than upon the established grade of the street, the court cannot consider the question of the power of the city councils to grant permission to the railroad company to construct a siding upon the street.</p> <p>Railroad — Streets—Grading—Siding above established grade.</p> <p>On a bill in equity to restrain a railroad company from laying a siding in a street in any other manner than upon the established grade of the street, the plaintiff is entitled to relief where it appears by the preponderance of proof that the tracks as laid in the manner contemplated would be nine and live eighths inches above the established grade; that embankment thus made would seriously interfere with access to plaintiff’s property ; that water in larger quantities than before -would be cast upon plain-till’s land, and that the work was being done without any supervision by the street committee of councils, in violation of the ordinance which authorized the work.</p>