The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-10-29
CROSSING AT GRADE.
Judge Little, on Monday Files
His Opinion in MiffIinville
Bridge Matter
Must File Exceptions In 10 Days

"uSt uC EACCptiVl0 III " Uoyo
Judge Little. on Monday filed his
opinion in the Mifflinville bridge
matter. The opinion dissolves the
preliminary injnnc,ions against the
completion of the bridge and dis
misses the bill, granting a crossing
over the Pennsylvania Railroed d
Company's tracks at grade. The
Railroad Company has ten days in
which to file exceptions, at the ex-
piration of which time if no excep
tions are made the opinion will be
entered as the flel order of the
Court in the matter.
In the opinion, Judge Little first
states the facts in the case, gives
the law on such actions and con-
tinues as follows:
"The argument has been urged
that the plaintiff as private suitor
has no standing here, in as much
as the purpose Of the bill was to
prevent the construction of grade
crossing prohibited by the act of
1901. That this matter was for
the public to redress, and not for
an individual; and the case of the
Cumberland Valley Railroads ap-
peal, 62 P. S. X. 2IS is an author
ity referred to, in support of the
contention. The statement OF the
rule therein given is itself an
answer. 1t is there stated: The
rule is we'll settled, that where the
injury is no greater to plaintiff
than to the inhabitants at large,
the remedy to redress the subject
OF complaint is with the public. {"
The plaintiff here was remanded to
the remedy of bill and injunction.
This is conclusive.
AS to the conduct of the plaintiff
throughout the course Of the bridge
proceedings and since; knowing of
the large sum of money being ex-
pended for the building of a public
Improvement; their evident knowl-
edge of the material facts, which
were matters of public notoriety;
and the significance of these facts,
if any, in relation to the plaintiff S
right to invoke equity process to
stop the further prosecution of the
work upon the bridge. are not re.
quired to be considered. 1t is
enough, that the Act of 1901,
abolishing grade crossings, was
being violated in the construction
OF the bridge.
But should the injunction be
further continued
The Court of Common Pleas, up
on petition presented to it by the
supervisors of Mifflin township, in
voking the fourth section of the
Act of 1901, has provided a high,
way, authorized by law, from First
street in the village of Mifflinville
to the bridge. The purpose of the
bill, while not as fully as might be
desired by the parties. has been
served by the greatest practicable
degree. There would seem then,
to be no further necessity for the
restraining order therefor granted
to be longer continued.
We are of opinion that the facts
justify this conclusion. That the
injunction therefor granted should
now be dissolved; and that the bill
be dismissed.
Now October 20, 1903, this cause
came on to be heard at this term.
and was argued by counsel, and
upon consideration thereof it is
ordered, adjudged and decreed as
follows, Wis:
That the injunction, therefor
granted, be dissolved; and that the
bill be dismissed.
That the costs of this proceeding
be paid by the county OF Columbia.
Unless exceptions be filed to this
order within ten days from date, the
same shall then be entered as the
final order of Court.
By THE COURT.
In re proceeding to obtain per-
mission to establish grade crossing