Buffalo & St. Mary's Railroad v. Philadelphia & Erie Railroad

Citations

• 174 Pa. 263
• 34 A. 561
• 1896 Pa. LEXIS 875

Syllabus

<p>Railroads — Grossing of one railroad by another — Equity.</p> <p>On a bill in equity filed by one railroad company against another to secure a crossing, it appeared that the plaintiff proposed to cross by-means of a bridge with sufficient span and headway to cause no interference with the defendants’ tracks. The plaintiff’s chief engineer testified that at the point selected for crossing the least injury would be done to the defendants’ property; and the defendants’ chief engineer testified that the point selected was as good as any that could be found in that vicinity, and that a bridge with a clear span of sixty feet and a height of twenty-two feet would not be an obstruction, and would give sufficient room for four tracks. This was the only testimony on the subject. The court decreed that the crossing be made by a bridge constructed on a plan suggested by the chief engineer of the defendants. Held, that the decree was proper.</p> <p>Equity — Equity practice — Equity rules — Notice.</p> <p>The mere fact that the words “ and answer ” are omitted from the notice indorsed on a typewritten bill in equity, is not ground for dismissing the bill, where it appears that the notice otherwise complied with the new equity rules in form and substance; that the omission was inadvertently made; that it was harmless in effect, and that before hearing it was corrected in the printed copy of the bill served.</p>