Du Bois Traction Passenger Railway Co. v. Buffalo, Rochester & Pittsburgh Railway Co.
Du Bois Traction Passenger Railway Co. v. Buffalo, Rochester & Pittsburgh Railway Co.
Opinion of the Court
W e see nothing in this record to justify us in reversing the decree of the court below dissolving the preliminary injunction. At the same time we deem it proper to say that upon final hearing it will be competent, and it may, perhaps, be the duty of the court below in the exercise of its equity powers, to make such order as the facts of the case may seem to require for the protection of life at this crossing, by the erection of gates, the employment of a watchman, or otherwise, at the expense of one or other of the parties, or at the expense of both, as to justice and equity shall seem meet.
The decree is affirmed, and the appeal dismissed, at the costs of the appellant.
See Penna. R. R. Co., Appellant, v. Braddock Electric Ry. Co., 152 Pa. 116.
Reference
- Full Case Name
- Du Bois Traction Passenger Railway Company v. Buffalo, Rochester & Pittsburgh Railway Company
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- 6 cases
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- Syllabus
- Railroad—Grade crossing of steam road by street passenger railway— Preliminary injunction. In this case the Supreme Court failed to find anything in the record to justify them in reversing the decree of the court below dissolving a preliminary injunction obtained by a steam railroad to prevent its tracks on a public street being crossed at grade by the tracks of a street passenger-railway company incorporated under the act of May 14, 1889, and to be operated by electricity by means of an over-head wire; but stated that it might be the duty of the court below, in the exercise of its equity powers, to make such order as the facts of the ease might seem to require for the protection of life at the crossing, by the erection of gates, the employment of a watchman, or otherwise, at the expense of either or both of the parties. i