Ligonier Valley Railroad v. Latrobe Borough
Supreme Court of Pennsylvania
Appeal, No. 41, Oct. T., 1906, by-plaintiff, from decree of C. P. Westmoreland' Co., No. 384, of 1900, dismissing bill in equity in case of Ligonier Valley Railroad Company v. Latrobe Borough. Bill in equity for an injunction. Before Doty, P. J. From the record it appeared that on September 13, 1898, ordinances of the borough of Latrobe were approved by which Weldon street and Spring street were opened of the full width of fifty feet across the Ligonier Valley Railroad.
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Appeal, No. 41, Oct. T., 1906, by-plaintiff, from decree of C. P. Westmoreland' Co., No. 384, of 1900, dismissing bill in equity in case of Ligonier Valley Railroad Company v. Latrobe Borough. Bill in equity for an injunction. Before Doty, P. J. From the record it appeared that on September 13, 1898, ordinances of the borough of Latrobe were approved by which Weldon street and Spring street were opened of the full width of fifty feet across the Ligonier Valley Railroad. In 1900 the Ligonier Valley Railroad Company was served with notice by the borough, to provide and lay proper crossings at…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It is futile to contend that the Act of June 7, 1901, P. L. 531, prohibiting grade crossings, except they are allowed by the court, applies here. The streets of which the grade crossing complained of are a part, were established by ordinance and regularly laid out at least three years before the act went into effect. There is no dispute about this. The mere fact that up to this time the actual crossings are not what they ought to be to meet public requirements as to convenience, is nothing to the point. They are none the less established crossings. It would…
2Cited by23 opinions
- Duquesne City v. FinckeSupreme Court of Pennsylvania · 1920
- Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Palumbo AppealSuperior Court of Pennsylvania · 1950
- Kistler v. Swarthmore BoroughSuperior Court of Pennsylvania · 1938
- Mahanoy City Borough v. HerskerSuperior Court of Pennsylvania · 1909
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