Park Steel Co. v. Allegheny Yalley Railway Co.

Citations

• 213 Pa. 322
• 62 A. 920
• 1906 Pa. LEXIS 472

Syllabus

<p>Railroads — Crossing—Streets—Tramway of steel company — License— Equity — Act of June 19, 1871, P. L. 1361.</p> <p>A-railroad company will be enjoined from interfering with or removing a tramway constructed by a steel company across its tracks for the'purpose of hauling materials to and from different parts of the steel company’s plant, where it appears that the tramway in question was constructed on a public street which the steel company had the right to make use of as part of the public, and while not required so to do had received permission from the railroad company to cross the tracks, which license had become irrevocable by the expenditure of money, and that the railroad company had refused to permit the steel company to put in a modern frog construction which would have obviated the delays complained of by the railroad company.</p> <p>The Act of June 19, 1871, P. L. 1361, relating to railroad crossings does not apply where the parties have established a crossing and are using it; nor does it extend to the regulation of grade crossings of railroads over ordinary streets and highways.</p>