Montour American. (Danville, Pa.) 1866-1920, 1904-11-03
APPEAL TAKEN TO
SUPREME COURT

w Al4lIL wv y ~
The final decision as to whether the
Danville and Bloomsbury trolley line
will be allowed to cross the Delaware
Lackawanna & Western tracks at grade
over the Mill street crossing is now up
to the Supreme Court OF Pennsylvania,
as the result of action taken on Satur-
day. The trolley people allow the case
to go to the Supreme Court with fair
assurance that the final outcome will be
in their favor, because the lower court
in an able opinion that seems eminent
ly rational and just deCreed that the
proposed overhead crossing, which
would multiply the danger to life and
limb, is not practical either to con-
struct or operate at the point in ques-
tion. OF course what the higher court
will do is only matter of conjecture,
but it is the popular belief that the
learned judges will confirm the opin-
ion and sustain the decision of Judge
Little. and that such may prove the
case is the universal wish.
Now that an appeal has been taken
it is a question of great public inter
est as to when the case will be taken
up by the Supreme Court. The time
for the higher body to give consld-
Grafton to the cases coming from the
Montour county court is the week be
ginning on Monday, February 4th,
1908. 1t may be that it will be possI-
BILE to get the case advanced little.
1t is hoped that such course will be
followed, for with the track laid and
the paving completed (Which it soon
will be. to cut the citizens off over
three months more from a convenience
they long have been looking forward
to will be very unsatisfactory.
Saturday morning Attorneys Nc
Clintock and Hinckley for the d. l..
& W. and Scarlet for the trolley COM
pany, appeared before Judge Little IN
Judges chambers, at bloomsbury,
Prothonotary Vincent also being pres
ent. The counsel for the railroad COM
pany presented bond in the sum of
SIC, 900. which the Conrt approved.
They then filed copy of the decree,
made last Friday by Judge Little, to
gether with their appeal from 1T. They
prayed the Court that the taking of
the appeal might act as a supersedeas
that would restrain the trolley com
pany from RAINING cars over the Mill
street crossing until the Supreme Court
acts upon the case. Judge Little grant
ed the supersedeas
The request previously made by
Lawyer Scarlet, in the interests of the
city of Danville. for permission for the
connection of the trolley rails with
the frog placed in the railroad track IN
order that the street paving might be
completed, was fsvorably considered.
Judge Little issued supplemental de-
cree covering the matter and directing
the work to be done at the risk Of the
trolley company with the understand
ing that the rights of either company
on final hearing will not be affected
| thereby.
Sheriff Maiers OH Saturday after
noon served notice on Frank @. Angle,
President of the Danville and Blooms
burg Street Railway Company and w.
f. Pascoe, Superintendent of the Stand
ard Construction Company, of the
granting OF the supersedeas.
The supersedeas. after giving the
Court reference of the case of the rail
road against the trolley company, reads
as follows:
ITO the defendants in above case:
"You will please take notice that an
appeal to the Supreme Court has been
taken by the plaintiff in the above case
and bond in the sum of $40. 900 has
been filed and approved by the Court
and upon petition Of plaintiff, asking
that said appeal shall act as super
sedeas the Court has made the follow
ing order, October 29th, 1904, the above
petition presented and the prayer is
granted and it is directed that the ap'
peal in the above case act as super
sedeas, and that all further acts in re
lation to the establishment and use OF
the said grade crossing be stayed pend
ing said appeal. This order is made
in connection with the supplemental
order of this date in reference to paw
ing of Mill street by the Borough o.
Danville.
"Signed. r. r. LITTLE. p. J.
And now the situation will remain
unchanged pending the action of tht
Supreme Court All of the people o
Montour and Columbia counties an
xiously await the outcome.
o. o..4 1,,,,,, Da,Nrh1toor