The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-12-18
AGAINST Grade CROSSINGS
Opinion on the Subject Handed Down
by Judge GnnSter,
THEY WOULD BE DANGEROUS
Traction Company Must Cross the Della.
ware and Hudson Tracks at Moosic BY
Means of an Overhead Bridge
or Not At All.

Judge Gunster handed down his opin-
ions yesterday disposing Of the injunc
ton case between the Scranton and
Pittstm Traction company and the
Delaware and Hudson Canal company.
The matter at issue was the right Of
the Traction company to cross the
tracks of the Delaware and Hudson
Canal company at grade at Wyoming
avenue and Spring street in Moosic.
Judge Gunster decides that such a
grade crossing would be extremely dam
gerous and that the Traction company
must cross the railroad companys
tracks at these points by means of an
overhead bridge.
About $50 trains pass over those cross
ings every day, and under these circum-
stances the judge believes 1t would not
be right to allow the grade crossings
to be established. The fact that equally
as dangerous grade crossing exists in
this city at Carbon street and West
Lackawanna avenue was no reason
why additional grade crossings should
be made, the judge said. The opinion
closes as follows:
Overhead Crossing Practicable.
1t has been suggested that overhead
crossings are not practical because they
are not practiced. That is mistake
| They are practiced, and, as / have shown,
| grade crossings are not only TO be dis
couraged, but whenever it is reasonably
| practicable to avoid them 1t is our duty to
prevent them. The evidence does not dis
close how often or how frequently the
| t,g, ,tfp
over these crossings, but It is reasonable
to suppose that they would do so as often
as public travel warranted it, 1t is
common experience that if a grade cross
ing is once established 1t is to all intents
and purposes established forever and
neither the company whose road is
| crossed nor the public at large can rid
themselves of the inconvenience and dan
ger caused thereby.
After a careful examination of all the
evidence in the case / am of the opin-
ion that 1t would be extremely hazardous
and dangerous to permit the defendant to
cross the plaintiffs road at grade, and
| that it is reasonably practicable to avoid
| such grade crossings at both of the
points in question by an overhead cross
| ing. This conclusion may, and no doubt
will, work hardship to the defendant.
/
delicate duties upon our-courts of equity.
We cannot do less than perform them in
the spirit in which they are imposed, and
that is, that the public welfare Is para
mount to any private or corporate in
terests.
| The rule is made absolute and the in
junction heretofore granted is continued
until otherwise ordered.
That Road TO MOosic
This opinion will put a serious OBJ
stacle in the way of the completion of
the electric road from this city to Pitts
ton. 1t is now completed and cars are
running as far as Moosic and portion
of the road between Moosic and Pitts
ton is laid. 1t only required the laying
of these crossings to practically give a
connected line of electric roads running
from Simpson in the upper end of this
county, to Nanticoke in Luzerne.
Lieutenant Governor Watres and At
torney Lemuel Amerman, who appeared
for the Traction company at the in
junction hearings, We're seen last even
ing by Tribune reporter, but said they
could not tell what action the company
would take with regard to the opinion
handed down by Judge Gunster A
meeting of the stockholders will be held
in a few days at which the situation
will be discussed.