Lehigh & New England R. R. v. Delaware, L. & W. R. R.
Citations
- 240 Pa. 401
- 87 A. 709
- 1913 Pa. LEXIS 684
Syllabus
<p>Railroad companies — Grade crossing — Contract—Change of grade — Expenses of reconstruction — Equity—Injunction.</p> <p>A railroad company which has granted to another railroad company subsequently incorporated a license to cross its tracks at grade will not be restrained by injunction upon complaint of the latter, when the former proposes without consent of the crossing company to elevate its tracks and change its grade to accommodate increased traffic, although necessity is thus imposed upon the crossing company to reconstruct its own tracks to conform thereto.</p>
Judges: Brown, Elkin, Fell, Mestrezat, Moschzisker
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