Warner v. Coatesville Borough
Supreme Court of Pennsylvania
Appeal, No. 145, Jan. T., 1910, by plaintiffs, from decree of C. P. Chester Co., in equity, No. 524, on bill in equity in case of Michael Warner et al. v. Coatesville Borough, Jesse Shallcross, Burgess, and John E. Way et al., members of town council of said borough. Bill in equity to declare certain ordinances and contracts invalid and to restrain the laying out and vacation of certain streets, thereby.
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Appeal, No. 145, Jan. T., 1910, by plaintiffs, from decree of C. P. Chester Co., in equity, No. 524, on bill in equity in case of Michael Warner et al. v. Coatesville Borough, Jesse Shallcross, Burgess, and John E. Way et al., members of town council of said borough. Bill in equity to declare certain ordinances and contracts invalid and to restrain the laying out and vacation of certain streets, thereby. Hemphill, P. J., filed an opinion in part as follows: This bill seeks to have the defendant borough enjoined from enforcing or carrying out the provisions of two ordinances, finally passed by…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This controversy grows out of the efforts made by the borough authorities in connection with the railroad company to eliminate grade crossings by substituting at the cost of the railroad company subways therefor. As a protection to the public and as a means of avoiding the dangers incident to their use the abolition of grade crossings is insisted upon by the courts in all cases where the conditions are such as to make it practicable to eliminate them. When, therefore, the local authorities undertake *150in the interest of the public to do that which the law favors,…
2Cases cited3 opinions
- In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
- Somerset & Stoystown RoadSupreme Court of Pennsylvania · 1873
- Frederick StreetSupreme Court of Pennsylvania · 1892
3Cited by6 opinions
- State Dental Council & Examining Board v. PollockSupreme Court of Pennsylvania · 1974
- United States v. Commonwealth of PennsylvaniaDistrict Court, W.D. Pennsylvania · 1963
- McCall v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919
- Curtis v. Pittsburgh, McKeesport & Youghiogheny RailroadSupreme Court of Pennsylvania · 1915
- Opinion No., Arkansas Attorney General Reports1997
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