Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co.

Citations

• 193 Pa. 127
• 44 A. 242
• 1899 Pa. LEXIS 1091

Syllabus

<p>Railroads—Gauge—Narrow gauge railroads—Change of grade—Acts of April 11, 1853, April 4, 1868, March Yl, 1869, June 19, 1871, sections 1 and 2, March 18, 1875.</p> <p>A railroad company organized under the Rarrow Gauge Act of March 18, 1875, P. L. 28, which limits the gauge of railroads organized under the act to three feet, has no power to increase the width of its gauge, notwithstanding that no injury will thereby result to the public. The act of March 18,1875, repeals so much of the Act of April 11, 1853, P. L. 366, as relates to railroads whose gauge is three feet or less.</p> <p>There is nothing in the Act of March 17, 1869, P. L. 12, which will authorize a narrow gauge railroad company organized under the act of March 18,1875, to increase its gauge to the standard gauge, as the authority in said act to any railroad to straighten or widen its lines, when it may be necessary, refers to the right of way, arid not to the track.</p> <p>The Act of June 19, 1871, P. L. 1361, sec. 2, relating to the regulation of grade crossings by courts of equity, and authorizing them to define by-decree the mode of such crossing which will inflict the least injury on the rights of the company owning the road which is intended to be crossed, does not apply where the parties have established a crossing and are using it.</p> <p>A railroad company whose tracks are crossed by the tracks of a narrow gauge railroad organized under the act of March 18, 1875, and which has the burden of maintaining the crossing, has a standing in equity under the Act of June 19, 1871, sec. 1, to raise the question of the narrow gauge company’s right to widen its gauge, without regard to the official action of the commonwealth.</p>