Cope v. Lehigh Valley Transit Co.

Biester, P. J.,

In this action in equity plaintiff seeks injunctive relief, founded upon the averments in his complaint of the following facts:

Defendant in 1911 condemned certain lands of plaintiff for the purpose of erecting and maintaining an *512electric street railway line. Defendant built an embankment across the land so condemned, upon which the tracks were laid. Defendant has now abandoned the use of the right of way and removed its tracks but has refused to remove the embankment.

The bill seeks the removal of the embankment and, as an incident thereto, also prays for money damages growing…