The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-10-29


the vicinity of Mifflinville. West
wardly, and below the village, the
River Hill breaks off, and the rail-
road does not reach the hill again
for three miles or more above the
village. The valley is on both
sides of the river along this village,
and on the south side of the river,
at and along this place, the valley
extends for a considerable distance
southwardly of the village. 1t is
true that First street, opposite the
bridge at its highest point, is
seventeen or eighteen feet higher
than the top of the river blnk or
the railroad tracks
No separate construction to pro-
vide for an overhead crossing is
possible. The respondent right
of way is too near to the southern
end of the bridge to permit Of any
way being made to get down upon
the bridge.
The only way to provide for
crossing over the railway is either
by granting the application for
permission to construct crossing
at grade, or by the alteration of
this nearly completed bridge in ac-
cordance with the plans proposed
by the respondent.
The respondents offer to show
by the witness McNaul and others,
that by an alteration Of the plans
adopted for the construction of the
bridge all overhead crossing Of the
railroad tracks could be made which
would be reasonably practicable
and safe, and the amount OF the in
creased cost of such construction
was evidence, and the same has
been considered. The Court would
scarcely be justified in granting
permission to establish a crossing
at grade over the tracks of rail-
road company if there are "no diff
culties in other methods of con-
struction," and if crossing other
than at grade can be made without
great public inconvenience or ex-
cessive expense.
Under the facts found we are
satisfied that grade crossing over
the tracks Of the respondents rail-
road, and as asked for by the
petitioners, is reasonably required
to accommodate the public in view
of the comparatively small amount
of travel on this highway and
bridge, and the difficulties Of the
only other method Of construction,
in order to afford an overhead cross
ing of respondents right OF way.
and which involves an alteration
and reconstruction of the, super
structure of this bridge now nearly
completed.
Now. October ,oth, 1908, it is
ordered that permission be granted
to the petitioners to construct a
highway from First street, in the
village of Mifflinville, to the south
end of the approach of the Mifflin-
vile bridge now being constructed,
so as to cross the tracks of the re-
spondent's railroad at the same
grade thereof, and as prayed for.
Further, that the Pennsylvania
Railroad Company maintain a
watchman at the crossing of the
railroad, who shall be on duty from
seven O'Clock a. N. until nine
o'clock p. III. OF each day, and, IN
any event, fifteen minutes before
the time of the arrival Of the first
passenger train in the morning,
and to continue until fifteen minutes
after the lact passenger train for
the day; also two red lights at the
crossing as danger signals, during
the dark hours of the day, in ad-
dition to the signals and safeguards
prescribed by statute, and now
observed by the respondents,
The costs of this proceeding shall
be paid by the parties, oue-half
thereof by the petitioners and one
half by the respondents.
U,less exceptions be filed to this
order within ten days from this
date, the same shall then be entered
as the final order of Court.
BY THE COURT.
The Court further ordered that
counsel should be notified of the
Af-