ROGOFF v. THE BUNCHER CO.


395 Pa. 477 (1959)

Rogoff, Appellant, v. The Buncher Company.

Supreme Court of Pennsylvania.

May 8, 1959.


Attorney(s) appearing for the Case

Abraham Pervin, with him Sachs, Pervin & Kaufman, for appellants.

Samuel L. Fuss, with him Duff, Scott & Smith, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE BOK, May 8, 1959:

Plaintiffs have appealed the sustaining of preliminary objections to their complaint in equity. Its purpose 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...

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