The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-12-03
The COURT DECIDES.
That Crossing over Pennsyl-
varia Railroad at Mifflinville
Bridge is to be at Grade,
Must Also Provide Waterman.

By the opinion of Judge Little.
filed on Monday, the crossing over
the Penna. Railroad tracks at the
southern approach of the new bridge
over the Susquehanna River at Milf
flinvllle, is ordered to be at grade.
1t is also ordered that the Railroad
Company provide a watchman, as a
precaution against accidents. The
cost of the injunction proceedings
is to be paid by the county. The
opinion of the Court in the matter
lis as follows:
Some of the exceptions call at
tention to a number of the findings
of fact A further examination of
the facts found, and of the evidence
'ccnvinces us that there is no ma
terial error in any of them.
The photographs of Mr.. Beagle
were taken about the time the in
junction was served, and these show
what advancement had been made
in the construction of the bridge.
The injunction bill was fled July
FL, 1908. August "a, 1903, the
motion of the counsel was granted,
for the hearing of an appication
for a preliminary injunction on
Monday, August 81, 1908, and at
the time appointed the application
was granted and the injunction
served on the same day.
The latter part of the fourth con-
'clusion of fact in these words: land
the same (the bridge was about
completed when proceedings for in
junction were commenced" is not
exactly accurate. The contractor
was quite busy in doing the work
under the contract during the sum-
mer, until served with the process
asked for by the bill. With the
explanation and reference to the
photographs there is nothing OBJ
jectionable in this conclusion of
fact.
1t is urged that it should have
been stated in connection with the
fifth conclusion OF fact; That the
wingwalls at the southern abut-
ments extend thirty-fve feet upon
respondents, right of way. Even
if requested this could not be said
to be fact. The evidence as to the
location of the railroad company's
right of way was where they laid
down this main track and operated
their road. This was about one
hundred feet from the river bank.
The Office maps offered were not
supplemented by any evidence to
show grants of land made to the
respondents, or anything else tend
ing TO show that they were either
in the possession of more or entitled
to more land than the law permit
ted them TO appropriate for railroad
purposes. Ike distance between
the end of the wingwalls and the
south abutment and the respondents
right of way is upwards of thirty
or forty feet.
NONE OF THE EXCEPTIONS sUs-
TANNED.
And now, November 80, 1903,
the following is directed to be the
final decree of the Court in these
proceedings:
1t is ordered that permission be
granted to the petitioners to con-
struct highway from First street,
in the village of MifHiville, to the
south end of the approach of the
MifIlinville bridge, now being con-
structed, so as to cross the tracks
of the respondents RAILROAD at the
same grade thereof, and as prayed
for.
Farther, that the Pennsylvania
Railroad Company maintain
watchman at the crossing OF the
railroad, who shall be on duty from
seven O'Clock a. m. to 9 O'Clock P.
m. of each day and i'll any event
fifteen minutes before the arrival OF
the first passenger train III the
morning. and to continue until
fifteen minutes after the departure
of the last passenger train i'll the
day. Also two red lights at the
crossing as danger signals during
the dark hours of the day, in ad'
dition to the safe guards and signals
prescribed by the statute and now
observed by the respondents.
The costs Of this proceeding shall
te paid by the parties, one-half
thereof by the petitioner and one
half by the respondent.
By THE COURT.