Legal Opinion · Dissent

Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.

Superior Court of Pennsylvania

Decided April 13, 1896No. Appeals Nos. 1 and 2Published

Appeals Nos. 1 and 2, Jan.T., 1896, from the decrees of C. P. Lackawanna Co., Nov. T., 1894, No. 7, granting an injunction to restrain defendants, The Delaware & Hudson Canal Co., from interfering with the construction of street railway tracks of plaintiff, the Scranton & Pittston Co., across tracks of defendants’ railroad at grade, and Nov.

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Appeals Nos. 1 and 2, Jan.T., 1896, from the decrees of C. P. Lackawanna Co., Nov. T., 1894, No. 7, granting an injunction to restrain defendants, The Delaware & Hudson Canal Co., from interfering with the construction of street railway tracks of plaintiff, the Scranton & Pittston Co., across tracks of defendants’ railroad at grade, and Nov. T., 1894, No. 8, dismissing a bill for injunction to restrain defendants, The Lackawanna Street Railway Co. and the Scranton & Pittston Traction Co., from interfering with the railroad tracks of plaintiffs and from crossing at grade the tracks of…

1Dissent

Dissenting Opinion by

Orlady, J.,

April 13, 1896:

I dissent from the opinion of the court filed in these cases, as I regard the grade crossing authorized by decree of the court below of the kind mentioned in Penna. R. R. Co. v. Braddock Electric Ry., 152 Pa. 116, “one of those death traps which should not be permitted to exist in any community.” “ All the environments operate in making it exceedingly perilous, so exceptionally dangerous, that it is surprising the directors of the traction •company are willing to imperil the lives and limbs of their patrons by attempting to cross at grade, ” and…

2Cases cited9 opinions

  1. Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
  2. Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
  3. Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
  4. Pittsburg & Connellsville Railroad v. South-west Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1875
  5. Potts v. Quaker City Elevated R. R.Supreme Court of Pennsylvania · 1894

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