The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-06-23
GRADE CROSSING
CASE SETTLED
Terms on Which Bamberger
Road May Cross Union
Pacific Tracks.

IN the district court yesterday morning
oiS9se >. A; Howell handed down a de-
CIslOh IN which the points at issue be-
tween the Salt Lake & Ogden Railway
company and the Union Pacific Railroad
company are determined. This matter has
70 90 with the temporary grade crossing
GL tne Bamberger line with the Union
Pacific, which is to exist for a wear only
curing which the Bamberger people are
10 construct an overhead crossing
Inc court decision is a lengthy dOcu-
ineht ana covers every phase of the case
1t fixes the device TO be used in CON
hectlon with the crossing for the purpose
OF preventing accidents While the Union
FaSlTlc Is to install this device. the Salt
LAKE ~ ogden line must paw 5000 to
the Union Pacific to be used for this pur-
pose. When the safety appliance has
served ITS part. at the end of the
year stipulated 1t becomes the property
or the Union Pacific and that company
repays TO the Bamberger line 81 900. or
ohe-half the original cost The court still
maintains jurisdiction over the matter i'm
oruer 10 adJudtcate any questions that
may arise III the future and to see that
lhe orders contained in the decision are
carried out.
In part the decision is as follows:
II Is ordered that the said plaintiff be
ana II Is hereby permitted to occupy the
premises sought TO be condemned. de-
scriDed in the complaint herein. uDon the
conditions herein set forth.
IT IS ordered that the plaintiff be per-
AilAheCu " CONSTRUCT us single track line
OF railway upon. and across said prem
lses, at the grade of the Union Pacific
companys tracks as they now exist and
substantially as the same are shown in
lhe complaint IN this action, and is per-
mltted 10 construct and place in position
without unnecessarily interfering with the
maintenance and operation of defendants
lines of railway track upon the premises
described, single crossing substantially
constructed Of rails of the same kind
weight and description as those used bv
the defendant Union Pacific Railroad
company at said point.
1t is further ordered that the plain
tlft at once pay to the defendant Union
Pacific Railroad company the sum of 81
90, which money shall be used in de-
traylng the expenses incurred by il in fur
nlshing and installing, within thirty days
from this date, a system of derailing
switches and signaling apparatus cor
nected Herewith, To be operated by the
employees or the plaintiff in such man
ner that the signals upon the line of the
Union Pacific shall normally be set TO
show clear track and the derailing
switches shall be closed. and the cor
responding signals and switches upon the
track of the plaintiff shall be opposed
excepting when the crossing is in actuN
use by the plaintiff company whose
rights in all cases shall be junior to those
of said defendant, Union Pacific Railroad
company. The said signals and switches
shall be operated from a cabin placed
at the crossing, the door of which shall
be so connected with the levers of the
said apparatus as TO prevent the operator
from leaving the said cabin until the sig
nails and deTailing switches are reset at
their normal position.
"A key or keys TO the lock upon the
cabin containing the levers or operating
device shall be furnished to plaintiff for
its use. The said signals and switches
shall be maintained by and at the ex-
pense OF said defendant company for
period of one year from the date of COM
pletiOn of installation. at which time the
KEY or keys TO said cabin shall be re-
turned by plaintiff TO the defendant, and
its right to cross the track Of said de-
PENDANT at grade shall cease. The said
defendant shall have the right. upon the
expiration of said period of one year, to
remove said switches and signals as its
own property, and shall also at said time
have the right to remove the crossing
frogs and restore its tracks 10 their pres
ent condition, and il shall at the same
time repay to the plaintiff Salt Lake &
Ogden Railway company the sum of 81,
900
zone year is hereby fixed as the>Iime
during which the plaintiff shall be per
mitted to occupy the premises described
in the complaint, for the purpose of said
grade crossing. upon the representation
of plaintiff that within this period 1t eX-
poets to arrange with said defendant for
the construction of a bridge constituting
an overhead crossing of its line or rail-
way at a point adjacent to the premises
described in the complaint. which over
head crossing will supersede the grade
crossing hereby provided for.
I'm the event that such agreement be-
tween the parties Is not effected. it is fur
Their ordered. adjudged and decreed, that
the said plaintiff shall have a permanent
right of way and easement over and
across the right of way and tracks OF
the said Union Pacific Railroad company
at a place to he definitely fixed by such
amendment of the pleadings herein
the court may hereafter permit. for the
purpose of constructing and maintaining
a permanent overhead crossing of the
plaintiffs railroad track over and across
the said right of way and tracks of the
said defendant the Union Pacific Ran
road company, but subject to the follow
ing conditions. namely
Here follow the conditions TO be OBJ
served
1T is further ordered, adjudged and de-
creed BY the court that II retain Juris-
diction of this cause for the purpose of
making such other and further orders,
judgments and DEGREES as may become
necessary for the purpose of completely
effectuating and carrying out the rights
of the respective parties. as herein pro-
vided. or as may be modified and deter
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