Montour American. (Danville, Pa.) 1866-1920, 1904-11-03

I
evidence which we believe to be re-
| Ievant, our conclusion of this cause is
that il is not reasonably practicable
in the construction ana operation Of
the defendant company's street rail.
way at a point where the track crosses
the track of the plaintiff company on
Mill street, to avoid a crossing at
grade. "
The concluding paragraph of the op-
inion is
Surely the Legislature scarcely in
tended that the Act of 1871 should be
so construed as to require the public
to still endure the further continuance
of the present grade crossing and at
the same time compel the construction
of an overhead roadway, as here pro-
posed, over which cars are expected to
| be run propelled by electric power. the
operation of which roadway will be
attended with greatly increased dang
ers to loss of life and limb "
The following is Judge Little's de-
cree:
Now, October 81, 1904, this cause
came on to be heard and was argued
by counsel, and upon consideration
thereof, it is ordered, adjudged and
decreed, as follows:
"FIRST-It is not reasonably prac-
Grafton Of the street railway of the
defendant company upon Mill street
in the Borough of Danville at a point
where the track crosses the track of
the plaintiffs roadway to avoid
crossing at grade.
"SEOOND-That the Danville aud
Bloomsbury Street Railway Company
be given permission and the right to
construct and operate its road on said
street across the roadway and tracks
of the Delaware, Lackawanna and
Western Railroad Company at the
same grade thereof, subject to the pay
ment of such damages as the plaintiff
company may sustain, arising from
the negligence of the defendant rail
road company in the construction
and operation of such crossing, when
the same may be properly ascertained.
THIRD-That the preliminary in-
junction heretofore granted be dissolv-
ed.
"FOURTH-That both the con-
struction and the proper repair of the
crossing be made at the cost and
charges of the defendant street rail-
way company and under the supervis-
ion of the plaintiff.
"FIFTH-That upon the approach
of any of the defendant company's
cars to the crossing, the car shall
come to a full stop at least fifty feet
from the crossing and the conductor
go forward upon the tracks of the
PLAINTIFF s roadway and the car shall
not proceed until the conductor gives
the proper signal.
"SIXTH-That the defendant COM
pany shall maintain an approved sys
tenn of electric signals, which will in
dicate upon Mill street by the ringing
of bell in the day time and by coll
orei light at night the approach of
trains on the plaintiffs road at any
point within two hundred feet, both
East and West of Mill street.
"SEVENTH-That the costs of this
proceeding shall be paid by the defend
ant railway company.
Judge Little also proposed to hand
down a decision dissolving the injunc'
tion of the Danville and Bloomsbury
Street Railway Company against the
Delaware, Lackawanna & Western
Railroad Company because of fail
ure to have printed and served bill
in the case within a period of twenty
days, as required by the rules govern
ing a bill of equity. Because of an OBJ
lection, the Court granted a request
for him to withhold his decision in
this case. He will merely file the de-
cision later.