Montour American. (Danville, Pa.) 1866-1920, 1904-11-03
JUDGE LITTLE
DISSOLVES CASE

The opinion of Judge Little in the
injunction cases of the Delaware, Lack
| awanna g. Western Railroad company
and the Danville & Bloomsbury Street
Railway company, taken up jointly by
! him on preliminary hearing, was de-
livered by the Judge himself in open
Court here Friday afternoon. The
ringing of the bell resulted in a well
filled Court room before the Judge en-
tered The delivery of the opinion
was intentIy listened to by every per
son present, throughout the recital of
an impartial review Of the testimony,
the citation and lucid application of
diverse decisions having bearing on
| this case and the final decree, dissolv-
ing the injunction against the Dan
Vile & Bloomsbury Street Railway
company. The decision was what the
citizens have been eagerly awaiting
and its fairness was favorably com
mented upon by all in the court room.
Later when the decision became known
on the street it caused general salts
| faction.
Attorneys McClintock and Hinck ley
| announced their intention to take an
appeal for the d. l.. & W. company
and it was decided that such an sp-
peal shall be made in Judges chamb-
ers at Bloomsbury tomorrow morning.
At this time the railroad people will
file bond for the approval of the
Court They also will ask for sup
ersedeas, to stay the using of the Mill
street grade crossing by the trolley
cars until the case is decided or tinal
hearing. The granting of the super-
sedeas is optional with Judge Little,
but if he refuses to grant it the D. L.
& W. attorneys may ask it of the Sup.
| RENE Court.
Lawyer Scarlet made an appeal for
the respecting of the rights of the bor-
ough and praying the Court to permit
of the connecting up of the tracks at
the crossing in order not to further
delay the city's paving improvement,
urging that the granting of this re-
| quest will not affect the rights of eth
er party at the final hearing Judge
Little will pass on this matter tomoI
| row morning when the railroad attor-
neys make their appeal.
The Judge had no more than read
his decision dissolving the injunction
against the trolley company until wor
was under way at the Mill street cross
ing, a crew beginning at about 2:15
O. clock to connect the trolley track
with the frog previously placed in the
| d. l.. & W. track. A crowd of citiZ-
ems watched the work and needless to
say enjoyed it, recognizing the fact
| that now there is no further impedl.
ment to the progress of the paving
work, that the railroad crossing can
at once be made safe and the street
generally made slightly and passable
instead of being left indefinitely in a
torn-up condition.
The following explanatory paragraph
opens the Judges decision; 1.-The con-
clusions of fact, opinion and decree
have reference to the case wherein the
Delaware, Lackawanna q Western
Railroad Company is PLAINTIFF. Then
follows the statement that the two
cases were tried together and by agree
ment of counsel, the testimony taken
in the one is made applicable to both
cases. The Court next carefully de-
soribes the situation at the place where
the trolley track is to cross the rail
road and at this point the opinion
says:
1.-The preponderance of evidence
shows the fact to be that the opera
tion of an overhead crossing by eithe
of the plans submitted would be at
tended with greatly increased dangers
of personal injury to the public. "
The rights of the public and of the
railroad companies interested are to be
determined under the Act of 1871. the
Court states, after which he refers to
I portions Of the act and to decisions IN
several cases and says:
whether it is practicable to avoid
a grade crossing, the Court is confin-
| ed to a consideration of the physical
problem to be solved by the inference
warranted from the character of the
two roads, the business done upon
them, the topography of the territory
and like facts; and in determining
| what is reasonable, the Court Is to
keep in mind the consequences to be
avoided and to balance expenses and
difficulty against loss of life and limb.
This requires in every contention OF
this kind an ascertainment from the
facts of the particular case what Is
reasonable. "
The opinion here takes mp the plans
for the proposed overhead crossing and
| follows with a review OF the testimony
on both sides, also following with the
decision in another similar case, which
had one great difference in that the
railroad in the case cited ran through
deep depression at the place where
grade crossing was sought and was
railroad that did an extensive volume
of business The Court further states
that the borough ordinances bearing
on the case he had not considered,
deeming them irrelevant
He continues: I'VE are Of opinion
that, so far as concerns the public
safety, the level surface of the ground
extending along tine line of the defend
ants street railway, upon both sides
of the crossing, on Mill and Bloom
streets, before any material ascent /: