Philadelphia & Baltimore Central Railroad v. Upper Darby Township
Supreme Court of Pennsylvania
Appeal, No. 377, Jan. T., 1901, by plaintiff, from decree of C. P. Delaware Co., Dec. T., 1900, No. 296, on bill in equity in case of the Philadelphia & Baltimore Central Railroad Company v. Upper Darby Township and Rufus C. Hoopes and John Leighton, Supervisors. Bill in equity for an injunction.
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Appeal, No. 377, Jan. T., 1901, by plaintiff, from decree of C. P. Delaware Co., Dec. T., 1900, No. 296, on bill in equity in case of the Philadelphia & Baltimore Central Railroad Company v. Upper Darby Township and Rufus C. Hoopes and John Leighton, Supervisors. Bill in equity for an injunction. The prayers of the bill were as follows: 1. That a temporary injunction be granted restraining and enjoining the township of Upper Darby and Rufus C. Hoopes and John Leighton, supervisors of said township, and all other persons attempting to open the road known as Bonsall avenue or First street,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The authority of courts either of law or of equity to prohibit grade crossings must rest on statute. Such crossings were almost universal from the introduction of railroads until very recently, and they are not even now unlawful. But with the growing density of population and the development of high speed of trains the dangers had become so manifest that the Act of June 19, 1871, P. L. 1360, conferred jurisdiction over the mode of crossing one railroad by another. Under that statute it was said in Perry Co. R. R. Extension Co. v. Newport, etc., R. R. Co., 150…
2Cases cited3 opinions
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Bryner v. Youghiogheny Bridge Co.Supreme Court of Pennsylvania · 1899
3Cited by1 opinion
- Park Steel Co. v. Allegheny Yalley Railway Co.Supreme Court of Pennsylvania · 1906