Simon v. Baltimore & Ohio Railroad

Citations

• 173 Pa. 517
• 34 A. 221
• 1896 Pa. LEXIS 736

Syllabus

<p>Railroads — Obstruction of public crossings — Act of April 12, 1851.</p> <p>Under tbe act of April 12, 1851, sec. 2, P. L. 518, imposing a penalty of $30.00 for failure to remove an obstruction of a private crossing “ after auy agent or other person in the employment of the company shall have received at least fifteen minutes notice ” of the desire of the parties interested to use the crossing, the notice must be given to an agent of the railroad company in the locality, or to some other person in the employment of the company who has some connection with the operation of the railroad. Notice to a mere track walker engaged at the time in cutting weeds and grass within the right of way is not sufficient.</p> <p>The words of the act “ after any agent or other person in the employment of the company shall have received at least fifteen minutes notice,” do not mean that the railroad company under all circumstances is bound to remove the obstruction within fifteen minutes after notice, but they mean that the railroad company is entitled to “at least fifteen minutes’ notice ” and as much more as the circumstances of the particular case may require, with the exercise on its part of proper energy and the use of suitable means.</p> <p>The statute was intended to quicken the diligence of the railroad company and protect the rights of landowners along its line by requiring prompt and energetic action on the part of the company to keep crossings free from obstruction. But it was not intended to require impossible or unreasonable things, nor to subject a company to a penalty because the removal of an obstruction within fifteen minutes after notice was physically impossible. Per Williams, J.</p>