Appeal of the Pennsylvania R.
Supreme Court of Pennsylvania
No. 262 January Term 1887, Sup. Ct.; Court below, No. 1069 June Term 1885, C. P. This was a bill in equity in the Court of Common Pleas No. 4, Philadelphia county, to enable the Schuykill River East Side R. Co. (controlled by the Balt. & Phila. R. Co.) to make four crossings at grade over the Delaware Extension of the Pennsylvania R. Co., in the city of Philadelphia.
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No. 262 January Term 1887, Sup. Ct.; Court below, No. 1069 June Term 1885, C. P. This was a bill in equity in the Court of Common Pleas No. 4, Philadelphia county, to enable the Schuykill River East Side R. Co. (controlled by the Balt. & Phila. R. Co.) to make four crossings at grade over the Delaware Extension of the Pennsylvania R. Co., in the city of Philadelphia. The bill averred:— 1. That the plaintiff was duly incorporated under the act of April 4, 1868, P. L. 62, entitled An act to authorize the formation and regulation of railroad corporations, with power to locate, construct,…
1Opinion of the Court
Per Curiam :
The policy of the law to discourage steam railroads from -crossing each other on the same grade, is distinctly ruled in Pittsburgh & Connellsville Railroad Co. v. Southwest Pennsylvania Railway Co., 77 Penn. St. 173, and in Northern Central Railway Co.’s Appeal, 103 Idem 621. As, however, crossing at grade is not absolutely prohibited, each case must be determined on its own merits.
In the present case, the Master found inter alia that the proposed crossing is essentially necessary for the successful and profitable operation of the appellee’s road and does not seriously injure the…
2Cited by1 opinion
- Hannum v. Media, Middletown, Aston & Chester Electric Railway Co.Supreme Court of Pennsylvania · 1901