DocketNumber: Appeal, No. 217
Citation Numbers: 16 Pa. Super. 1, 1901 Pa. Super. LEXIS 1
Judges: Beaver, Orlady, Porter, Rice
Filed Date: 1/22/1901
Status: Precedential
Modified Date: 11/13/2024
Opinion by
Prior to the decree of the court, confirming the report of viewers, from which an appeal to No. 104 of October term, 1900, was taken and in which an opinion has just been filed, the pe
Whatever may be said as to the undesirability and danger of grade crossings (and much has been said of Tate in the decisions by the Supreme Court and of this court in reference to crossings at grade by steam or trolley roads of other steam roads) we know of no case in which a prayer for an order to restrain the supervisors from opening an ordinary highway already laid out and confirmed was addressed to or heeded by any of our courts. In all cases of railroads crossing each other the appeal has been to the court of common pleas, which has equity jurisdiction and powers specially conferred by acts of assembly. The court of quarter sessions, however, has no such jurisdiction in any case, and we are unable to see how the court below could have legally entertained the petition offered, and granted the relief sought. It is only necessary, therefore, for us to say, so far as this proceeding is concerned, that the court of quarter sessions had no jurisdiction whatever and that its decree dismissing the petition is confirmed and the appeal dismissed at the cost of the appellant.