Pittsburgh v. Weinman

Opinion by

Mr. Justice Frazer,

Plaintiff’s bill alleges defendants, in operating their stone quarry, located on land abutting on the western side of Southern Avenue, in plaintiff city, have deprived that avenue of necessary lateral support, thus causing the sinking of the street’s surfáce, and asks for an injunction, restraining the operation of the quarry, and a decree commanding defendants to restore the highway to its proper condition, and secure its support by a suitable retaining wall. The court below dismissed the bill and the city appealed.

Southern Avenue was originally a township road,…