Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Chicago City Railway Co.

Mr. Presidieg Justice Barnes

delivered the opinion of the court.

For brevity and convenience we shall refer to the plaintiff below (appellee) as the “railway company,” 'and to defendant (appellant) as the “traction company.”

The former operated a commercial steam railroad in Chicago across 59th street at grade, and the latter a street railway westward on said street to within 20 feet of the former’s main line.

• This action involves their relative obligations growing out of the elevation of the railway company’s tracks across 59th street and construction of a subway thereunder. The railway…