Pennsylvania R. R. v. Braddock Electric Ry. Co.

Citations

• 152 Pa. 116
• 31 W.N.C. 311
• 25 A. 780
• 1893 Pa. LEXIS 948

Syllabus

<p>[Marked to be reported.]</p> <p>Street railways — Crossings—Acts of 1871 and 1889.</p> <p>The act of May 14, 1889, P. L. 211, providing that any street railway company incorporated under that act shall have the right in its construction to cross at grade, diagonally or transversely, any railroad operated by steam or otherwise, is subject to the act of June 19, 1871, P. L. 1860, giving the court power to regulate grade crossings and directing them to prevent crossings at grade when reasonably practicable.</p> <p>Regulation of railroad crossings — Police powers.</p> <p>The manifest purpose of the act of 1871 was not merely to discourage grade crossings because of their danger to the public as well as injury to the company whose road is crossed, but also to prevent them, whenever in the judgment of the court it is reasonably practicable to avoid such dangerous crossings.</p> <p>Being an exercise of the police power of the state, grants of franchises are made and accepted in subordination thereto. PTor is there anything in the title to the act of 1889 which conveys the slightest intimation of any intention to interfere with the jurisdiction theretofore conferred on courts of equity relating to railroad crossings at grade.</p>