N.Y. & L. B. R. Co. v. Atlan Tic Highlands, R. B. & L. B. Elec. Ry. Co.

• Decision Date: 28 June 1807
• Citation: 55 N.J.E. 522,37 A. 736
• Parties: NEW YORK & L. B. R. CO. et al. v. ATLAN TIC HIGHLANDS, R. B. & L. B. ELECTRIC RY. CO. et al.
• Court: New Jersey Supreme Court

37 A. 736

55 N.J.E. 522

NEW YORK & L. B. R. CO. et al.

v. ATLAN TIC HIGHLANDS, R. B. & L. B. ELECTRIC RY. CO. et al.

Court of Errors and Appeals of New Jersey.

June 28, 1807.

(Syllabus by the Court.)

Appeal from court of chancery.

Petition by the Atlantic Highlands. Red Bank & Long Branch Electric Railway Company against the New York & Long Branch Railroad Company and the Pennsylvania Railroad Company for directions as to crossings of the respective roads. From the decree the New York & Long Branch Railroad Company and the Pennsylvania Railroad Company appeal. Reversed.

On March 22, 1895, the following statute was enacted (chapter 241): "An act to regulate the crossing at points not within the limits of cities of this state, of steam railroads by steam, or electric railroads hereafter to be constructed. (1) Be it enacted by the senate and general assembly of the state of New Jersey: That whenever the route of any steam or electric railroad hereafter to be constructed shall cross at points outside of the limits of cities the line of any steam railroad in this state, such crossing shall be made in such a way as will inflict the least injury upon the rights of the company owning or operating the railroad to be crossed, and as will afford proper protection to the public; and no company shall hereafter coustruct any steam or electric railroad across the line of any steam railroad, except within the limits of a city, until it shall have first made application to the chancellor of this state to define the mode in which such crossing shall be made, and it shall thereupon be the duty of the chancellor, after causing reasonable notice of such application to be given to the municipal authorities, and also to the corporation owning or operating the railroad intended to be crossed, to define by his decree the mode in which such crossing shall be made; and if in his judgment it is reasonably practicable and public safely so requires to avoid a grade crossing, he may in his discretion by his decree define and regulate the mode and manner of such crossing, and thereupon such crossing shall be made in the mode defined by such decree, and in no other way." In July, 1896, the Atlantic Highlands, Red Bank & Long Branch Electric Railway Company, claiming that the route of its electric railroad crossed the line of the steam railroad of the New York & Long Branch Railroad Company within the lines of Monmouth street in the town of Red Bank, presented to the chancellor a petition praying...