Pittsburgh v. Pittsburgh & West Virginia Ry.

Opinion by

Mr. Justice Schapeer,

These bills in equity were filed by the City of Pittsburgh to compel the vacation by defendants of land which the municipality claims is within the limits of a public street called Water Street. The court refused to grant the relief desired by the city and entered a decree dismissing the bills, from which it has appealed.

While a number of questions are presented for our consideration, we think one of them goes to the root of the controversy and is controlling. At No. 31 December Sessions, 1881, in the Court of Quarter Sessions of Allegheny County, a petition was…