George Shiras, Jr.

“ It should also be observed that the plaintiff does not complain that, by any legislative enactment, she has been denied rights granted to others, but she attributes error to the judgment of the supreme court of Pennsylvania in construing that provision of the constitution of the state which gives a remedy for property injured by the construction of a railroad, as not extending the remedy to embrace property injured by the lawful operation of the railroad. It is not pretended that by such a construction of the law the plaintiff has been deprived of any right previously enjoyed. ”

“ Ct. 357, speaking of the fourteenth amendment: 'Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment. ”

“ The Pennsylvania Railroad Company, a corporation under the laws of the state of Pennsylvania, and invested with the privilege of taking private property for its corporate use, erected in May, 1881, and has since maintained, a viaduct or elevated roadway and railroad thereon along the south side of Filbert street in the city of Philadelphia. On the opposite or north side of Filbert street the plaintiff below was the owner of a lot or parcel of land, whereon was erected a large four-story building, at that time occupied as a dwelling and business house. ”