Director General of Railroads v. West Penn Railways Co.

Opinion by

Mr. Justice Frazer,

Plaintiff sued in the common pleas to recover from defendant company one-half the cost of erection, maintenance and operation of safety gates at two grade crossings on Main Street in the City of Uniontown. Judgment was entered in the court below in favor of plaintiff, and defendant appealed.

Defendant operates its cars on east and west Main Street. The tracks of the railroad operated by plaintiff are laid at grade and crossed Main Street at two places. In 1903, plaintiff and defendant entered into an agreement, in writing, respecting these and other grade…