Montour American. (Danville, Pa.) 1866-1920, 1904-10-13
MR.. PASCOB
TELLS WHY


was taken up in Court Friday morn
ing, Judge Little presiding Experts
testified against the pracUicability of |
an overhead crossing by either of the
three routes proposed by the ID. l.. 81
W. railroad company, but before even
a single witness was called Attorney
Scarlet had made a strong case for
the trolley people, showing from Off
cial records offered as evidence in the
case insurmountable obstacles IN the
way of an overhead crossing. Objec-
tion followed objection to nearly every
move of the attorneys of the trolley
company and the railroad lawyers
fought hard, bat even in cross exami-
nation facts to strengthen the cOnten-
ton that only grade crossing is rea-
sonable and practical here were
brought out. The court room was fill
ed nearly all day with citizens intent
ly taking i'll all of the testimony.
The case began with the Offering of
records Of the charter of the trolley
line by Attorney Scarlet, of the trans
fer of the DanvIIIe q Riverside line
to the Danville q Bloomsbury and of
the resolutions of extension. Mr.
HinCkley filed objections to all of this.
The act of assembly of 1S49 incorpor-
ating the borough of Danvile was
cited and the acts of 1851 and 1852 on
the general borough law Then the
ordinance of council giving the Dan
willie & Riverside trolley company now
the Dauville & Bloomsbury the right
of way was offered and important sec
tions were read. The ordinance al
lows the trolley line to be constructed
only at the established grades of the
borough and provides among many
other protective clauses that the cars
must stop at steam railroads while the
conductor goes aheal to signal the car
to advance if the way is clear.
Harry Patton, the borough clerk, was
the first witness, Icing called to Pro-
duce the councils ordinance book to
prove that the copy of the ordinance
offered in court was correct and show
that the trolley company had accepted
the provisions OF the ordinance.
Mr.. Hingkley agarn objected when
Mr.. Scarlet proposed to offer resolu-
tiOn OF council to show that the pro-
posed Mill street overhead crossing
not only has been Iegislated against,
but council still will not permit of its
construction, saying that public inter
ests demand a grade crossing, which
can be made perfectly safe. At this
point it was shown that the injunction
granted against the trolley company
is holding up the work of the borough.
Next the ordinance requiring steam
trains to go no faster than eight miles
an hour in the borough was offered to
show that the Mill street crossing
would not be dangerous with trains
| running this slow. This also was OBJ
| ieCted to by the railroad counsel and
from this point on the objections and
exceptions were really too numerous
TO mention. The ordinance for the
| paving Of Mill street outlining the re-
quirements of the trolley company was
| offered together with the contention
| of Mr.. Scarlet that the borough of
Danville is directly interested in the
been made a party to it. All of this
evidence occupied the time of the
| Court until II a. m
d. j. Duncan, superintendent of the
Pottsvllle Electric railway, was call
| ed and gave an account of his expert
| ence Of over 30 years in the street rail-
way business. On the Pottsville line
| he runs p cars daily and often as high
as ~ and they pass over II grade cross
lngs. Five cars 20 over one crossing
over which 3Gi Trains pass daily. Wit
ness said the danger Of operating one
overhead crossing has caused him more
trouble in six months than all of his
grade crossings in nine years He just
paid $500 in case growing out of an
accident on an incline and now has
$4,000 suit of the same kind to handle.
He most strenuously is opposed to any
grades over two per cent Take a
sleety day or wet rails and the car can
not be held on an incline. The pro-
posed overhead crossing in Danville
with either five or seven per cent
grades would be not only dangerous to
passengers but to the people in the
street, for the car might for numerous
reasons run back on the pedestrians
who would feel safe thinking it was
going from them all right. Mr. Dun
can said in nine years he had only one
accident Oh the Reading road and that
on ~ per cent grade. His conulud-
ing testimony was that the Mill street
overhead crossing could be built but
to operate it would not be safe or rca-
sonable.
James NJ. Irland was called to iden-
tl1y photographs offered as evidence.
Consulting Engineer Darlington, of
Philadelphia, next gave expert testi-
mony very similar TO that of Mr.. Dun
can. He objects to an overhead cross
ing by either of the three routes pro-
posed because it obstructs travel in the
borough and from the danger stand
point he maintains that almost thou
sand things may happen that might
result in had accidents Nothing can
people below if the current should be
cut off and brakes fail to work. Court
Adjourned to 30 p. N. while Mr.. |
Darlington was ON the stand.