Northern Central Railway Company's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northumberland county: of January Term 1883, No. 323. This was an appeal by the Northern Central Railway Company, from a decree of said court, awarding an injunction restraining the appellant from interfering with the Sliamokin, Sunbury and Lewisburg Railroad Company in their construction of a railroad crossing at grade at a point where Penn street, in the borough of Sunbury, intersects appellant’s railroad, and from interfering with…
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Appeal from the Court of Common Pleas of Northumberland county: of January Term 1883, No. 323. This was an appeal by the Northern Central Railway Company, from a decree of said court, awarding an injunction restraining the appellant from interfering with the Sliamokin, Sunbury and Lewisburg Railroad Company in their construction of a railroad crossing at grade at a point where Penn street, in the borough of Sunbury, intersects appellant’s railroad, and from interfering with said Sliamokin, &e. Railroad Company, in the operation of their railroad at said crossing, under the conditions set…
1Opinion of the CourtJustice Sterrett
The cardinal question in this case is, whether, under the facts disclosed by the testimony, an overhead crossing at the point in question is reasonably practicable.
In the fourth paragraph of the bill it is averred that, in the location and construction of appellee’s railroad, it is necessary to cross appellant’s road at grade within the borough of Sun-bury. This is denied in the answer, the 9th paragraph of which avers that an overhead crossing, at the point proposed, could be made with reasonable practicability and at comparatively inconsiderable expense, either by plaintiff running over the…
2Cited by2 opinions
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