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Supreme Court of Indiana
February 2, 1906, Filed
[**632] [*72] Montgomery, J.--Appellee commenced this action April 27, 1904, before the clerk of the town of Salem, charging appellant with having run its locomotives and trains over Main street, South High street and East Market street in said town in violation of an ordinance adopted March 24, 1902, a copy of which ordinance was filed with and made a part of each paragraph of complaint. The ordinance upon which the action was based reads as follows:
"An ordinance requiring railroad companies to keep and maintain an electric light wherever a track of a railroad company crosses a public street in the town of Salem, Indiana.
Whereas, it is necessary for the security and safety of citizens and other persons from the running of trains through the town of Salem, by railroad companies owning and operating a railroad through said town, [***2] that an electric light be kept and maintained as hereinafter directed, wherever the track of such railroad company crosses a public street in said town: Now, therefore:
Section 1. Be it ordained by the board of trustees of the town of Salem, in Washington county, State of Indiana, that the Chicago, Indianapolis & Louisville Railway Company, or any other railway company which passes through the town of Salem, over and upon the streets of said town, is required to erect, establish and maintain electric lights of such candle-power, not to exceed 2,000 candle-power, and give such lighting service as the town of Salem maintains and supports, and being governed in such service, according to moonlight schedule, with the following modifications, to wit: That said company shall turn on the lights at night, twenty minutes before the arrival of any and all trains, at the station thereof, and [*73] shall keep the same turned on and lighted until twenty minutes after the departure of any and all trains, except on cloudless, moonshine nights, when said company or companies are not required to turn on said lights; that said lights shall be placed at the following points, to wit: One where said [***3] company's right of way intersects South Main street, one where said company's right of way intersects South High street, and one where said company's right of way intersects East Market street. At each of said points said railroad passes over said streets which are within the corporate limits of said town of Salem; that said streets at said points of crossing are much used by the public and that said lights required to be so placed are for the protection and safety of said traveling public.
Section 2. Be it further ordained that it shall be unlawful for said railway company or companies to operate its or their locomotives or trains of cars over and upon said streets, from and after this ordinance has been passed and approved by said board of trustees, and the publication of said ordinance according to law, until said railway company places said lights and maintains the same at the points set forth in section one of this ordinance.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
166 Ind. 71 *; 76 N.E. 631 **; 1906 Ind. LEXIS 91 ***
Chicago, Indianapolis & Louisville Railway Company v. Town of Salem.
Prior History: [***1] From Washington Circuit Court; Thomas B. Buskirk, Judge.
Prosecution by the Town of Salem against the Chicago, Indianapolis & Louisville Railway Company. From a judgment for plaintiff, defendant appeals.
ordinance, lights, street, railroad company, board of trustees, penal ordinance, candle-power, railroad, trains, railway company, electric light
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