Pennsylvania R. R. v. Braddock Electric Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 283, Oct. T., 1892, by plaintiff, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1891, No. 389, in equity, in favor of defendant. Bill in equity for injunction to restrain construction of electric railway across tracks of plaintiff’s railroad at grade.
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Appeal, No. 283, Oct. T., 1892, by plaintiff, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1891, No. 389, in equity, in favor of defendant. Bill in equity for injunction to restrain construction of electric railway across tracks of plaintiff’s railroad at grade. The bill contained an alternative prayer that should the court be of opinion that defendant had the right to make such crossing of plaintiff’s tracks in any manner, the court would prescribe the place where and the manner in which such crossing might be made and used, and what precautions or provisions should be observed to…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
We quite agree with the learned president of the common pleas in saying “ that a grade crossing at the place selected by defendant is so exceedingly dangerous that it should not be allowed if there is any power in the court to prevent it; ” but we are not prepared to assent to his conclusion that the court has been shorn of that power by the eighteenth section of the act of May 14,1889, under which defendant company was incorporated.
It is impossible to consider the testimony in this case, in connection with the statement of facts agreed upon by counsel, without…
2Cases cited5 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Commonwealth v. AlgerMassachusetts Supreme Judicial Court · 1851
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
- Hestonville, Mantua & Fairmount Passenger Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
- Pittsburg & Connellsville Railroad v. South-west Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1875
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