Pennsylvania Railroad v. Warren Street Railway Co.

Citations

• 188 Pa. 74
• 41 A. 331
• 1898 Pa. LEXIS 577

Syllabus

<p>Railroads — Electric railways — Grade crossing — Equity act of June 19,. 1871 — Damages for overhead trestle.</p> <p>Under the Act of June 19, 1871, P. L. 1860, the one test imposed by the statute is the reasonable practicability of the overhead crossing, and courts will prevent grade crossings wherever it is reasonably practicable to avoid them, notwithstanding it would be unsightly in appearance, and irrespective of the fact that, under a decree granting a grade crossing, extraordinary precautions were to be taken against collisions.</p> <p>In determining whether there shall be a grade crossing or an overhead.! crossing the court will not take into consideration a possibility that the construction of an overhead trestle would subject the company building it to liability for damages to adjacent property, in advance of any ascertainment of the damages, as they are too remote and speculative to make such-crossing not “ reasonably 23racticable.”</p> <p>The court will not authorize a grade crossing of a railroad by an electric railway where it appears that there is no physical obstacle to the construction of an overhead crossing; that such a crossing would extend only 700 feet along the street, and would leave a space of twenty-four feet clear’ for street travel, and would cost only $4,000.</p> <p>Appeals — Supreme Oourt — Superior Court — Equity</p> <p>An appeal lies from a decree of the court of common pleas sitting in equity to the Supreme Court, instead of the Superior Court, where the-lower court, in the exercise of the jurisdiction conferred upon it by the-act of June 19, 1871, authorizes the construction of a grade crossing.</p>