Delaware, Lackawanna & Western R. R. v. County Commissioners

Citations

• 241 Pa. 83
• 88 A. 299
• 1913 Pa. LEXIS 739

Syllabus

<p>Railroads — Grade crossings — Increase of traffic over crossing— Bridges — Act of June 7,1901, P. L. 5S1 — Equity jurisdiction — Injunction — Retention of bill as precautionary measure.</p> <p>1. A bill in equity to restrain the erection of an approach to a county bridge, upon the ground that the erection of the bridge and the approach thereto in the location intended, would require passengers over the bridge to pass over an existing grade crossing of the complainant railroad company, and would, therefore, constitute in effect the creation of a new grade crossing within the meaning of the Act of June 7, 1901, P. L. 531, was held to have been properly dismissed where it appeared that the beginning of the approach complained of, which was on the west bank of the river spanned by the bridge, would be about forty-five feet east of the existing grade crossing.</p> <p>2. In such a case, the facts that the traffic over the existing crossing would be largely increased by reason of the construction of the bridge and that the danger at the crossing would, therefore, become correspondingly greater, were held to be matters outside of and not affecting the issue.</p> <p>3. In such a case, however, the court held that, in view of the conceded dangerous condition of the existing crossing and the unquestioned increase of the traffic over it after the construction of the proposed improvement, the bill should be retained as a precautionary measure so as to enable the court to take such proceedings as might be deemed necessary in the future, to insure the safety of travel at the point in question.</p>