Rogoff v. the Buncher Co.

Opinion by

Mr. Justice Bok,

Plaintiffs have appealed the sustaining of preliminary objections to their complaint in equity. Its pur pose was to enjoin what they say is the excessive use of a railroad siding across their property.

The question is whether the court has jurisdiction.

In 1950 plaintiffs’, mother bought ten acres of land in Leetsdale, Allegheny County, from Anna M. Smith, and then deeded them to plaintiffs in 1955. In this deed the following right was reserved to the grantor: “. . . the right to install, maintain and operate a single or double track railroad siding from the…