Montour American. (Danville, Pa.) 1866-1920, 1904-10-20
STRONG ARGUMENT
IN INJUNCTION CASES

attorneys were followed with interest
by the crowd that filled the court
room. At 5 :15 p. N 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 about
10 a. m. and the argument for the
railroad oompany's side was opened
by Attorney Hinckley, who said tn e
bills of the case were 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 and
numerous decisions and urged as the
duty of this court the determination
of the possibility of avoiding a 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 discolraging grade cross
ings. Giving several Supreme Court
decisions against grade crossin gs, he
said cost and difficulties encountered
i'll abolishing grade crossings are in
the balance agains life, and limb and
it is the policy of this state to prevent
the increase of grade crossings
Mr. HinckIey 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 that
grade crossings are to be abolished ex-
cept in cases of imIerious necessity.
Here he stated that the d. l.. & W. is
not at all bound by the borough ordln-
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-
tion of the court is not affected by ac-
tion of municipalities, claiming that
if so 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
it 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 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 II trains day is not to be pass
ed upon, but the court must allow for
the future The claim of the danger
OF seven per cent. grade overhead
incline being greater than a 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. & ". 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 1 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 |
never has passed upon the question of |
the danger OF the overhead crossing |
In his brief opening statements sMr.
Scarlet maintained that the legislation
of borough Council will stand de-
spite the court.
ITO avoid grade crossing no COM
pany must erect 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 Pasooe's S 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 a grade |
crossing until the final settlement of |
the case.
He caustlcally scored the II. y. &
W, which he claims has very little
real regard for public interests i'll Dan
willie when it few years ago in pro-
spectus spoke very slightingly of this
city. When the d. L. & W. was a
weak miserable, crawling thing and not
"A power that could defy the court he
asserted that it got more dollars from
this town than from any other town
on its line and 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-
yect life, is the view that Mr.. Scarlet |
takes of the matter,
ReFore Mr. Scarlet concluded court |