Pennsylvania Railroad v. Warren Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 353, Jan. T., 1897, by-plaintiff, from decree of C. P. Warren Co., June T., 1897,. No. 71, on bill in equity. Bill in equity for an injunction. Noyes, P. J., found the facts to be as follows: FINDINGS OB FACT. The plaintiff is the lessee of the Philadelphia & Erie Railroad, and as such lessee operates the same. The Philadelphia & Erie Railroad crosses Water street, in the borough of Warren, -with two tracks, one used for eastbound and one for westbound trains.
Read the full summary
Appeal, No. 353, Jan. T., 1897, by-plaintiff, from decree of C. P. Warren Co., June T., 1897,. No. 71, on bill in equity. Bill in equity for an injunction. Noyes, P. J., found the facts to be as follows: FINDINGS OB FACT. The plaintiff is the lessee of the Philadelphia & Erie Railroad, and as such lessee operates the same. The Philadelphia & Erie Railroad crosses Water street, in the borough of Warren, -with two tracks, one used for eastbound and one for westbound trains. The general direction of the railroad is east and west, and in much of the testimony the points of compass are determined…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In all our recent utterances respecting grade crossings of railroads, we have expressed ourselves with an increasing emphasis against their allowance, and'with a most earnest purpose to “prevent” them wherever it is “reasonably practicable to .avoid” them. We consider this to be our plain duty in order to conform with the express letter of the act of 1871, and to effectuate the prudential considerations and the manifest policy which underlie the legislation upon this very important subject. A recurrence to a few of our later decisions will be desirable in this…
2Cases cited4 opinions
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
- 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
3Cited by5 opinions
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Williams Valley Railroad v. Lykens & Williams Valley Street Railway Co.Supreme Court of Pennsylvania · 1899
- Baltimore & Ohio Railroad v. Butler Passenger Railway Co.Supreme Court of Pennsylvania · 1904
- Nixon's EstateSuperior Court of Pennsylvania · 1911
- Delaware, Lackawanna & Western Railroad v. Danville & Bloomsburg Street Railway Co.Supreme Court of Pennsylvania · 1908