The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-02

Company instituted the proceedings be-
fore the CORPORATION Commission for the
purpose OF having an inquiry as to the
propriety and necessity for the location
OF a grade crossing by the Underwater
Railway Company over the tracks OF the
former company ut the throat of Nor
folk and Western yard near Norfolk. ac-
cording to the plans for such crossing
which We're served on the management
of tho Norfolk and Western vs. required
by law. The Corporation Commission,
after hearing the evidence and conten-
lions OF the two companies, decided IN
favor of allowing the grade crossing.
In the beginning of the opinion II ls
held that the Corporation Commission
enormously permitted two citizens of
Norfolk. not summoned by either party,
TO appear and make statements In refer
ence to the crossing without being
sworn. 1t is said that the commission
might have had the right. III the evi-
dence introduced by the parties left IL
in doubt as to what It's judgment should
be. to call persons as witnesses not IN
troduced by either party whom it thought
could aid 1t in reaching Il correct con-
clusion; but thai there is no necessity
for such a course except under very ex-
ceptional circumstances, and then the
persons called should be sworn. rms
error. 1t is concluded. however. does not
Justify a reversal OF the order In TINS
case as the evidence, exclusive OF tho
s~tatnments of these persons. was suffl-
cicnt to support the finding OF the conf
mission. 80.
The court decides that the object of this
proceeding being merely to determine the
necessity for the proposed crossing, ana
the place and manner of It's construction
the question of kin property with OF
without due process of law, or OF con-
demning tho lands OF the road TO De
crossed. cannot arise in this case; out
that upon the adoption of the Plans ap-
pllances and methods for the crossing by
this court. upon the appeal taken. 1t Wa.
become the duty of the company desiring
to cross to make payment of proper COM
pensation therefor before commencing
work on the crossing, which compensa-
ton is to be ascertalned according to the
laws regulating the exercise OF eminent
domain.
The main decision is that the facts and
circumstance of each particular case
must control the decision of the question
whether under the law one railroad COM
pany will be allowed to cross at grade
the works of another; that Ordinarily
one railroad ought not to be permitted to
cross the throat OF an existing or a pro-
posed yard OF another railroad at grade"
The facts and circumstances disclosed by
the record in this case, which 1t is said
are not likely TO exist in another case in
volving the same questions, are held to
sustain the finding of the corporation
commission. that from the topography OF
the ground 1t is manifest that the loca-
ton selected Is practically the only place
at or about which a crossing could take
place, and that, upon all the facts o. me
case having reference to the general
- ! - .ln 1,,N 49, s1,t~ ~-f
to the railroads entering there. the
various crossings now in existence. the
expense and difficulties involved in erect
ing an overhead crossing at that place,
and the relative dangers and incon-
veniences to the public likely to follow
from the adoption of a grade or over
head crossing, a grade crossing should be
allowed.
AS to Overhead Crossing.
In the case of the Norfolk and Western
Railway VS.. Scruggs, from the Circuit
Court iof Lynchbnrg, Judge Harrison
filed a very interesting opinion.
The declaration in this case alleges In
substance that a man, while driving under
the railway near ~Lynchburg. where the
Norfol!. and Western has an overhead
crossing above the public highway, sur
fered injury by his horse becoming
frightened at a passing train overhead.
The jury. under the instructions of the
court, gave him the damages he asked.
The railway company appealed, and
Judge Harrison says:
The great. danger OF railroads crossing
public highways at grade Is well UNDER
stood, and the increase of population is
adding daily to the number of those who
suffer therefrom. Building bridges over
highways by railroads, while expensive,
is a matter of vast Importance and
greatly to be desired. in the interest of all
concerned, and every encouragement
should be given to that end. Where the