Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1904-10-21
| STRONG ARGUMENT
IN INJUNCTION CASES

the spirited contests or the opposing
attorneys were followed with interest
by the crowd that filed the court
room. At 5 :l5 n. IN the afternoon
session ended and court adjourned.
1t now remains only for Judge Little
to weigh the merits of either side and
as soon as he does so his decision will
of course be filed.
Judge Little convened court at abou I
10 a. m. and the argument for the
railroad oompany's side was opened
by Attorney Hinokley, who said tn Q
bills of the case we're filed under the
act of 1871. providing that the mode
of crossing any railroad shall be such
as will work least damage to the road
to be crossed. He cited other acts an d
numerous decisions and urged as the
duty of this court the determination
Of the possibility of avoiding grade
crossing at Mill street. He argued that
the least damage to the first road and
the greater safety of the people would
result from discouraging grade CROSS
ings. Giving several Supreme Court
decisions against grade crossings, he
said cost and difficulties encountered
in abolishing grade crossings are in
the balance against life, and limb and
it is the policy of this state to prevent
the increase of grade crossings.
Mr.. Hinokley then maintained that
no local sentiment may be considered,
even where the welfare of the public
is at stake and informed the court that
no light objections or excuses may be
regarded, the citations showing tn at
grade crossings are to be abolished eX
oept in cases of imIerious necessity
Here he stated that the d. L. & W. is
not at all bound by the borough ordin
snce giving the trolley company right
of way and requiring the laying of the
tracks at the accepted grade only and
he further asserted that the jurisdic-
tiou of the court is not affected by ac-
tion of municipalities, claiming that
If 80 the street railways and Council
manic bodies might reach agreements
and defeat the purpose of the act of
1871.
Decisions intended to show that
telephone and telegraph companies
may not interfere with public travel
next were offered. Mr.. Hinckley con-
tended that it can not be proven that
1t is impossible to interfere with cleo
trio poles and even if so claimed that
the trolley company Is at fault in hav-
ing chosen such a route. He further
alleged that damage to property that
may result from constructing an over
head crossing is an element that does
not enter into the consideration of the
court. Next he stated that the present
dangerous nature of the crossing with
only IA trains a day is not to be pass
| ed upon, but the court must allow for
the future. The claim of the danger
incline being greater than grade
crossing he said could be refuted by
Supreme Court opinions. He then op-
posed his judgment against that of
Engineer Pascoe, who testified that
safety devices make grade crossings
safe. After referring to the manner
in which the trolley people crossed the
D. l.. g. W. tracks, he concluded by
asking for the injunction against the
D. L. & W. to be dissolved and that
against the trolley company to be made
permanent.
Lawyer Scarlet at II 80 O'Clock began
a reply to this argument. Not the de-
cisions cited. but their application have
bearing on the present controversy,
he said. Then he recited the fact that
the trolley crossing at Mill street was
in place and in use before the injunc-
tion was served. The overhead cross
ing is acknowledged more dangerous
than the grade. The Supreme Court
never has passed upon the question of
the danger of the overhead crossing
In his brief opening statements Mr..
Scarlet maintained that the legislation
of borough Council will stand de-
spite the court.
1
pany must erect a slaughter house,"
he said and after briefly referring to
the delay Of public improvements, to
distractions that can not be removed
unless the telephone and telegraph
companies agree to the removal of
poles. he secuted the idea that his
legal adversary could set up his opin-
ion against Engineer Pasooes as to the
efficiency of safety devices At final
hearing the speaker said it could be
shown that the D. l.. & W. has pro-
duced no evidence of right to traverse
the streets of Danville and he further
informed the court that the Supreme
Court has sustained the lower court in
allowing the operations of grade
crossing until the final settlement of
the case.
He caustically scored the d. l.. IL
W.. which he claims has very little
real regard for Public interests in Dan
Vile when it few years ago in pro-
spectus spoke very sightingly of this
city. When the d. l.. 81 W. was a
weak miserable, crawling thing and not
power that could defy the court he
asserted that it got more dollars from
this town than from any other town
=. on its line aud now it refuses to help
the town that has helped it. The pur-
pose that actuates the railroads in try
ing to abolish grade crossings is to be
able to gain greater speed, not to pro-
teot life. is the view that Mr.. Scarlet
takes of the matter.
Before Mr.. Scarlet concluded court
adjourned until 3 p. m.