Delaware, Lackawanna & Western Railroad v. Danville & Bloomsburg Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1908, by plaintiff, from decree of C. P. Montour Co., Sept. T., 1904, No. 7, dissolving preliminary injunction in case of The Delaware, Lackawanna & Western Railroad Company v. Danville & Bloomsburg Street Railway' Company and W. F. Pascoe et al., trading as The Standard Construction Company. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 25, Jan. T., 1908, by plaintiff, from decree of C. P. Montour Co., Sept. T., 1904, No. 7, dissolving preliminary injunction in case of The Delaware, Lackawanna & Western Railroad Company v. Danville & Bloomsburg Street Railway' Company and W. F. Pascoe et al., trading as The Standard Construction Company. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dissolving preliminary injunction and permitting a grade crossing subject to regulations imposed by the court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The bill in this case was for an injunction to restrain the defendant, an electric passenger railway company, from crossing at grade the tracks of the plaintiff’s road in the borough of Danville. The proposed crossing was upon the main street of the borough, which was thirty-six feet in width between the curb lines and closely built up on both sides. At this place fourteen regular trains cross the street daily and a full view of the plaintiff’s tracks cannot be had in either direction at a point more than a few feet from them. An order dissolving a preliminary…
2Cases cited9 opinions
- Pennsylvania Railroad v. BogertSupreme Court of Pennsylvania · 1904
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Pittsburg & Connellsville Railroad v. South-west Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1875
- Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1897
- Chester Traction Co. v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1898
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