Smethport Railroad v. Pittsburg, Shawmut & Northern Railroad

Citations

• 203 Pa. 176
• 52 A. 88
• 1902 Pa. LEXIS 680

Syllabus

<p>Railroads — Grossings—Equity—Act of June 19, 1871, P. L. 1361.</p> <p>A railroad company has a constitutional right with its road to cross the existing railroad of another company, subject, however, within the exercise of its right, to the control of a court of 'equity under the provisions of the Act of June 19, 1871, P. L. 1361. The rights of the first occupant of the ground are superior to the new claimant. In measuring the extent of the rights of the older company, there must be a liberal consideration for the future, as well as existing necessities, the use of existing tracks, the construction of additional ones, the convenient storage of freight at all seasons, and the unembarrassed transaction of all business.</p> <p>A railroad company will not be permitted to cross the track of an older company so as to deprive the older company at the point of crossing of the use of about three fourths of its right of way, and so as to leave to it sufficient space only for a single track, where the evidence shows that the older company has an extensive mileage and business, and that its future needs will require two tracks and a large siding at the proposed point of crossing. In such a case an overhead crossing will be decreed by the court where it appears that the cost of such crossing will not be burdensome to the company desiring to cross.</p> <p>Where a court of equity in proceedings under the act of June 19, 1871, to regulate the crossing of one railroad by another, decrees a temporary crossing for construction purposes, a time limit for the temporary grade crossing should be designated.</p> <p>In proceedings under the act of June 19', 1871, the court below should find and state briefly and clearly the facts of the case.</p>