City of Youngstown v. Pittsburgh & Western R. R.

This action is brought by the city to restrain the defendants from building ah embankment and railroad track across Mill street. Amongst other matters, the petition alleges that the defendants are constructing an embankment and railroad track diagonally across said street, at a considerable height above the level and established grade of the street, without any agreement with the city authorities, and against their protest, and without appropriating a right to such crossing. That Mill street is one of the principal streets of the city, and is a public highway or avenue, leading to a public…