Montour American. (Danville, Pa.) 1866-1920, 1908-05-07
DECREE Reversed
By Supreme COURT

The supreme court Monday handed
down decision in the case of the d.
L. & W. railroad company VS.. the
Danville ana Bloomsbury Street Rail
way company reversing the decree
made by Judge Evans last November,
in which the preliminary injucntion
was dissolved and the Danviile and
Bloomsbury Street Railway company
was granted the right to cross the d.
L. & W. tracks OH Mill street at
grade. This decision of the supreme
court is of absorbing interest to the
people OF Danville, as it will no doubt
bring to close a judicial contest that
has been on foot for nearly four years
and sounds the death knell to hopes so
fondly cherished that before long the
trolley cars would be able to cross the
D. L. q W. track at grade and would
proceed up Mill street
The history of this case, which was
hard fought from the start. reveals the
determination Of the D. L. & W. Rail-
road company not to permit the cross
ing of its tracks at grade in any case
where it can possibly be prevented
The decision of the supreme co1rt in
the premises makes the attitude of that
body very clear, reaffirming the posi-
tion it has formerly taken, which is
antagonistic to grade crossings. The
people of Danville had hoped that the
present case might prove an exception
that the reasons adduced why an
overhead crossing ON Mill street would
be impracticable both to construct and
operate would weigh in favor of a
grade crossing, but as shown by the
decision rendered the supreme court
judges took an opposite view.
The defendant street railway was
incorporated in 1908 The year follow
ing it constructed its line between this
city and Bloomsburg. On September
%, 1904, the Danville and Bloomsbury
Street Railway company attempted to
cross the d. L. & W. track on Mill
street, and succeeded in placing a frog
in position, which still remains in the
| roadbed.
On Septemb ber 30, 1904, the plaintir
presented bill to the court asking
for an injunction temporary until
hearing and permanent thereafter en-
| joining the defendant street railway
company from crossing plaintiffs rail
road at grade on Mill street. A temp
orary injunction was granted and al
the same time the usual rule to show
cause why the injunction should moi
be dissolved was granted, fixing hear
ing for September 30, 1901.
After the hearing the court dissolv
/ ed the injunction on the ground that
the operation of an overhead crossinG
would be attended with more danger
than the operation of a grade crossing
| The court at the same time decreei q
| grade crossing. From that decree APP
peal was taken. The case was later
brought back to the lower court.
The decree made by Judge Evan:
last November dissolving the iujunc.
tion and granting the Danville and
Bloomsbury Street Railway company
the right to cross the D. L. q ".
tracks on Mill street at grade was bas.
ed on the testimony taken on the hear.
ing of the rule to dissolve the prelim.
mary injunction. Counsel for the
parties had agreed that the court
should dispose of the case as if the
preliminary injunction had been con
tinued until final hearing and the testi
mony had been taken ON final hearing
The cost is placed upon the appellee
or the Danville and Bloomsbury Street
Railway company, by the supreme
| court decision