Wheeling & Lake Erie Ry. v. Toledo Railway & Terminal Co.

Citations

• 23 Ohio C.C. Dec. 303
• 14 Ohio C.C. (n.s.) 321

Syllabus

<p>1. Railroad Not Required to Avoid Grade Crossings Unless Reasonable and Practicable.</p> <p>While one of the purposes of the grade crossings act, 97 O. L. 648 (Gen. Code 8834 et seq.), is to conserve the public safety, railway companies will not be required to avoid such crossings unless it is reasonable and practicable so to do.</p> <p>2. Preventive Application of Grade Crossings Statute not Required if Interlocking Device Successfully Used for Several Years Reasonably Operates.</p> <p>An interlocking device having been in use at a grade crossing for a considerable period, with favorable results from its operation and comparatively little interruption to the trains of either road, and to avoid the grade crossing would involve heavy expenses and other hardships to the railway companies, a case is not presented requiring the preventive application of the statute.</p> <p>[Syllabus approved by the court.]</p>