Union Railway Co. v. Philadelphia, Wilmington & Baltimore Railroad

Supreme Court of Pennsylvania October 17, 1898

Union Railway Co. v. Philadelphia, Wilmington & Baltimore Railroad, 188 Pa. 115 (Pa. 1898)

41 A. 1119; 1898 Pa. LEXIS 582

Dean, Fell, McCollum, Mitchell, Williams

Opinion of the Court

Opinion by

Mr. Justice Dean,

There is but little difference in the facts of this case, from those in No. 199, January term, 1897, between the same par*116ties, ante, p. 105, in which a decree has been this day handed down. The plaintiff proposes to construct a crossing on Edgmont avenue, a north and south street, though not a straight one, as is Welsh street in the other case; it already has a grade crossing on Market street, only twenty feet from the proposed avenue crossing, and another on Potter street, four squares east. This one is sought solely to promote convenience in operating their road; the danger to the public and the injury to the steam road are just as great as in the other case ; besides, it is reasonably practicable to avoid the grade by an overhead crossing.

The decree of the court below is reversed and injunction dissolved at costs of appellee.

Reference

Full Case Name: The Union Railway Company and the Chester Traction Company v. the Philadelphia, Wilmington and Baltimore Railroad Company
Status: Published
Syllabus: Railroads — Street railways — Grade crossings- — Equity—Act of June 19, 1871. A court of equity will not authorize the construction of a grade crossing by an electric railway company over a stream railroad in a city of twenty-five thousand inhabitants, where it appears that at the proposed crossing one hundred passenger trains and nearly the same number of freight trains pass in twenty-four hours; that the electric railway carries over three million passengers in a year; that the electric railway company has a grade crossing only twenty feet from the proposed crossing, and another crossing four squares distant; that the proposed crossing is sought by the electric railway company solely to promote convenience in operating its road; that it is reasonably practicable to avoid the grade by an overhead crossing.