PUELO v. Bearoff

Opinion by

Mr. Chief Justice Horace Stern,

Plaintiff appeals from the dismissal of his bill in equity which sought to enjoin defendants from using a right of way as to which he claimed an exclusive easement.

Plaintiff is engaged in the scrap iron and metal business and owns and occupies an industrial property along the banks of the Schuylkill River between Bridgeport and West Conshohocken in Montgomery County. The property lies between the main line of the Reading Railroad and the River, and the sole access to it from the public highway is by a private grade crossing over the railroad.…