Port Vue Borough v. Pittsburgh, &c., Railroad

Marshall, J.,

Plaintiff filed this bill for a mandatory-injunction to compel the removal of railroad tracks from a public road, and for general relief. Defendant answered, averring that, with the consent of plaintiff, it had furnished a new and better road in place of the one occupied. A replication was filed, denying plaintiff had consented to the relocation and that the new road was better than the old.

The issues were: (1) The width of the former road; (2) whether the new road was constructed pursuant to any agreement between the parties; and (3) whether the road was reconstructed on the…