Clifton Heights Borough v. Thomas Kent Manufacturing Co.

Citations

• 220 Pa. 585
• 69 A. 1114
• 1908 Pa. LEXIS 821

Syllabus

<p>Railroads — Lateral railroads — Grade crossings — Municipal consent— Acts of May 5,1832, P. L. 501 and June 7,1901, P. L. 531 — Injunction— Equity.</p> <p>A manufacturing corporation which has undertaken to construct a lateral railroad under the provisions of the Act of May 5, 1832, P. L. 501, has no right to lay its tracks across a public street at grade without the consent of the municipality.</p> <p>The Act of June 7, 1901, P. L. 531, relating to the crossing of highways by railroads or of railroads by highways, and intended to regulate, alter and abolish grade crossings, applies to lateral railroads.</p> <p>The act of 1901 applies to all crossings thereafter established, and the language of the act has reference to the time when a crossing is actually established on the ground, and ready for construction, or in fact constructed, and not to the time when a lateral railroad may have been authorized by a decree of the court under the Act of May 5, 1832, P. L. 501, to construct such a railroad. The general authority to construct a lateral railroad does not establish a crossing within the meaning of the act of 1901.</p>