Montour American. (Danville, Pa.) 1866-1920, 1907-11-14
MAY CROSS D. |.
{ v. At GRADE


holdup of the Danville and Blooms
burg Street railway at the crossing of
the d. L 81 W. railroad on Mill street
in the borough of Danville. The pre-
liminary injunction was dissolved and
the Danville and Bloomsbury Street
Railway company was given the right
to cross the roadway and track of the
D. L. & W. Railroad company at
grade.
The parties in litigation are, plain
tiff, d. L. & w. Railroad company;
defendants, Danville and Bloomsbury
Street Railway company and W. F.
Pascoe. c. E. Lippe, W. O, Billman
and R. F.. Koch doing business under
the firm name of the Standard Con-
struction company,
The testimony in the case was taken
on the hearing OF the rule to dissolve
the preliminary injunction. Counsel
for the parties had agreed that the
court should dispose Of the case as il
the preliminary injunction had heen
continued until final hearing and the
testimony had been taken on final
hearing.
Anticipating that an opinion relat-
| ing to the d. L. & W. crossing matter
would be handed down large num-
ber Of interested persons assembled at
the court house Saturday morning. 1t
was nearly II O'Clock before Judge
Evans took up the matter of the cross
| ing. During the three years past in
which the Danville and Bloomsbury
cars have been held up by the ID. L.
" W. railroad company developments
relating to the disputed crossing on
Mill street have been watched with
absorbing interest by the public.
Judge Evans had not proceeded very
far with the very exhaustive opinion
before the trend of sentiment might
| have been discerned. One by one he
! took up the propositions advanced by
| the two Sides as he affirmed or
"denied git became pretty clear that
in the courts opinion it did not ap-
pesrr reasonably practicable to build
an overhead crossing on Mill street
nor to relocate the track on Ferry
street nor on the alley between the
latter thoroughfare and Mill street as
was advanced by the plaintiff at the
| hearing.
DECREE.
Al
having come on to be heard and hav.
ing been argued by counsel upon con-
sideration thereof it is ordered, ad-
judged and decreed as follows:
First That it is not reasonably
practicable in the construction and
operation of the street railway Of the
Danville and Bloomsbury street rail
way company upon Mill street in the
borough of Danville at point where
the track crosses the track of the plain
tiff's railroad tc avoid a grade cross
ing.
"Second. That the Danville and
Bloomsbury Street Railway company
be given permission and the right to
construct and operate its street rail
way ON said Mill street across the
roadway and track of the ID. L. g. w.
Railroad company at the grade there
of, subject, however, to the payment
of such damages as the plaintiff con-
pany may sustain arising from the
negligence of he,defendant street rail
way 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 dis
solved
Fourth. That both the construc-
tion and the proper repair of the cross
ing be made at the proper cost and
charges of the defendant street rail-
way company all under the superv1s-
ion of the plaintiffs engineer.
Fifth. That upon the approach of
any of the defendant companys cars
to the crossing the car shall come to a
full stop at least fifty feet from the
crossing and the conductor shall go
forward upon the track of the plain
tiff's railroad and the car shall not go
forward until the conductor gives the
proper signal.
sixth. That the defendant street
railway company shall maintain and
operate an approved system of electric
signals. which will indicate upon Mill
street by the ringing of bell in the
day time and by a colored light at
night the approach of trains on the
/ plaintiffs railroad at any point with
in 500 feet both east and west of Mill
street.
Seventh. That the costs of the pro-
ceedings shall be paid by the defend
ant street railway company. BY the
Court,
CHARLES O. EVANS, P. J. >"
Exceptions were noted by the court
on application and bill sealed.
The above is nisi order, the plain
tiff having ten days in which to ap-
peal the case
| Knnxuinr nnas N 90 49,, AIck Aho ~~.n