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Show CROSSING HELD TO BE PRIVATE Supreme Court Rules Commission Com-mission Erred in Ordering Order-ing it Abolished In a decision announced yesterday by the supreme court of l'tah. the 'Jacobs' 'Ja-cobs' Yos;-ing" over ihe Bamberger Electric railroad tracks, near River-dale, River-dale, where six persons have met death within the last two years. Is h"J to Ik- a private crossing. The crossing Is now maintained b arrangement between be-tween the railroad company, Murray K. Jacobs and Mrs. W. J Brockbank. and was the scene lost summer where four Ogden people met instant death When a train struck their car. .Mr-Brock .Mr-Brock bank's husband was one of the victims of the first of the two fatal accidents which have occurred there The supreme couTt holds that the public utilities commission of Utah erred In concluding, as a point of law. thit the crossing In question was a public crossing, and hencs thai the conclusions of the commission, baaed on this theory, ami ordering the crossing cross-ing abolished, cannot bo affirmed. Justice Yulentlne Gideon, on the other oth-er hand, while holding 'he crossing In question to be a private cros.-lng, nevertheless nev-ertheless dissents from the majority opinion or tne supreme court wroter by Justice J. E. Frlek. Justice QideOT holds that the commission was certainly cer-tainly Justified in holdlnu that th oroaiung in question Is dangerous an'-also an'-also in the conclusion that It should be abolished. "It Is my Judgment. ' writes Justice Oldeon. "wholly Immaterial whethei tho parties Owning lands to which tht road rives Ingress and egress are inconvenienced in-convenienced by the .orders of the commission. It is within the power ol the commissloln to bo direct the utility util-ity that Its operation shall not be dangerous dan-gerous to the public If. in compling with the order of the commission, tho utility lakes or da mages "private property, prop-erty, it necessarily follows that compensation com-pensation must be paid to the Injured party." The maJorlU of the court holds. "Tho commission should be given a free hand to determine for itself whether it has any power or Jurisdiction Jurisdic-tion in proceeding of this kind over private crossings and. If so what those powers are. and In connection with that, to determine for itself what order it should make as a private crossing If It desires to make any." The commission Itself was divided in making its decision. President A. R, I ley wood and Commissioner Warren StOUtnOur signing the order that the railroad k'runi a i icht of way for the two families In question to an adjacent adja-cent overhead crossing, and Commissioner Commis-sioner Joshua cireenwood holding thai tlu- commission was exceeding its Jurisdiction. |