McHale v. Easton & Bethlehem Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 379, Jan. T., 1895, by plaintiff, from decree of C. P. Northampton Co., Feb. T., 1895, No. 3, on bill in equitju Bill in equity to compel the restoration of the original grade of a street.
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Appeal, No. 379, Jan. T., 1895, by plaintiff, from decree of C. P. Northampton Co., Feb. T., 1895, No. 3, on bill in equitju Bill in equity to compel the restoration of the original grade of a street. The bill averred that plaintiff was the owner of a lot of ground situated at the northeast corner of Fourth and Washington streets, in the city of Easton; that the Easton & Bethlehem Transit Company was a corporation claiming to be organized under the act of May 14, 1889, P. L. 211; that the said company obtained permission from the select and common councils of the city of Easton, by an…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We agree entirely with the learned court below in their disposition of this case. It is scarcely necessary to review in detail the considerations expressed in the very clear and satisfactory opinion filed. In substance the complaint of the plain*424tiff is that his property is injuriously affected by the flowing, in times of storm, of water and gravel over the curbstone, the depth of which from the top to the surface of the gutter stone, has been reduced from six inches to two inches. This result it is alleged was accomplished by a slight elevation in the surface line…
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