Evening journal., 1897-05-15
STREET CARS CAN RUN
CHANCELLOR NICHOLSON LIFTS
THE RESTRAINING ORDER.

ABLE OPINION DELIVERED BY
THE CHANCELLOR AGAINST RE-
STRAINT OF TROLLEY RAIL
WAYS CONSTRUCTING AND EX-
TENDING LINES FOR PEOPLES
ACCOMMODATION.
AS soon as the Court of Chancery
opened in Superior Court room to-day
the attorneys of the Philadelphia, Will
mington and Baltimore Railroad Com
pany and the Wilmington City Railway
Company were sent for. Chief Justice
Lore occupied position on the bench
beside Chancellor Nicholson. Andrew
i c.. Gray and II. n. Ward represented
| the steam road and Willard Salisbury
the trolley.
The chancellor handed down a deci-
sion in the injunction suit entered by
the railroad company to prevent the
trolley company from extending its
tracks across the railroad at Third
street crossing to connect with the
J New Castle and South Wilmington
lines.
The chancellor speaking Of a railroad
/
consideration says: "The exercise OF
the right to cross does not of necessity
exclude the public from the enjoyment
of the highway at the point of crossing
further than to permit the lawful oper.
alton Of the railroad. The hign rate ol
speed and the dangerous character oi
the trains run over the crossing
necessitate that, in the operation of itl
railroad, the complainant shall have
the right Of way, to be exercised in ac
l cordance with the requirement OF law
and imposes the duty upon the publ
; in the use of the highway, as the rail
road crossing is approached to stop
necessary in the exercise of due care
look and listen, in order that the righ
of the railroad may be safely accorded
. to it. But there Is nothing in the righ
which otherwise limits the use OF thi
highway by the public OF restricts th'
increase OF the volume of that use
+, either in the manner originally exer
cised or through conveniences whicl
invention may from time to time pro
vide. 1t follows from the conclusion
that the use of the street by the electri
car. as it is now usually operated, /
within the purposes for which the high
way was created, that such car is no
III to be excluded from the point in tina
N highway where the railroad may eros
\ it. 1t, like other passers in the street
/, must conform with the requirement
which the railroad mpOses-stoppinf
= 7 If necessary, looking, listening an
I, yielding the right OF way.
: Nor do perceive any tenable objeC
y ton to the suspension of trolley wir
y over the railroad crossing at suff
a cient height. In the present instanc
it is not suggested that the elevatiO
y intended would be insufficient to pei
y nit the proper operation of the con
u plainant's road
y Admitting this to be law it nece'
sarily follows that the responder
II which is admitted to have receive
% from the municipal authorities all II
# necessary privileges in the streets
is question which it was in the power I
these authorities to grant, would ha'
h the same right to use those streets ft
II the purposes Of It's railway across II
u complainant's right of way. as il has
Il use those streets in any other part
them.
Z "The express legislative grant in r
is spondent's charter of the power
NJ cross any track of any railroad con
e pany now incorporated, or hereafter
7 be incorporated, provided that it CO.
n forms to the grade OF the tracks to
"a crossed has already been referred TO