Home/Idaho Supreme Court/Ineas v. Union Pac. R. Co.

Ineas v. Union Pac. R. Co.

241 P.2d 1178, 72 Idaho 390, 1952 Ida. LEXIS 186
Idaho Supreme Court·Decided March 12, 1952·No. 7757·Published·Cited by 43 cases

Opinion

*394 GIVENS, Chief Justice.

In the Village of Shoshone, Greenwood Street, which is also U. S. Highway No. 93, extends northerly between 27° and 28° east of north and southerly at the same divergence. North Rail Street intersects Greenwood Street at right angles and thus extends westerly north 27° or 28° of west and similarly, east.

Respondent Company’s six tracks lie between and parallel to North and South Rail Streets. The southernmost is a passing track, the center of which is 72 feet north of the center of the intersection of South Rail and Greenwood Streets. The center of the next track, which is the eastbound main line track, is 23 feet further north; thence to the center of the .third or westbound main line track, is 22j/£ feet. Apparently from the center of the westbound main line. track to the next line north, a passing track, is 15 feet. The two northernmost tracks, the first the beginning of a switching track,' apparently are approximately 30 and 42^ feet north, respectively, of the fourth or passing track.

The shops of the State Highway Department are on South Rail Street approximately four blocks west of the intersection of South Rail and Greenwood Streets, as shown by Dfts. Ex. 2, which is drawn to the scale of 20 feet to the inch and thus shows that the north line of vehicular traffic on South Rail Street is 60 feet south of the south rail of respondent Company’s southernmost passing track and apparently the north line of such Street is 105 feet south of the south rail of the westbound main line track.

Walnut Street is 360 feet west of and parallel to Greenwood Street. These are the two principal streets crossing respondent Company’s railroad tracks in what might be termed the center of the business section of Shoshone. A fair portion, if not most, of the business houses are on the north side of North Rail Street or on the south side of South Rail Street. Dfts. Ex. 1, a panoramic picture, reproduced herewith, gives a clear and graphic view to the north over the crossing in question, and of signs, service poles and lay of the entire territory involved. Nine hundred fifty feet east of the crossing is respondent Company’s coal chute, which clearly appears in the right-hand portion of this panoramic picture.

*395

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Ineas v. Union Pac. R. Co., 241 P.2d 1178, 72 Idaho 390, 1952 Ida. LEXIS 186 (Idaho 1952).

241 P.2d 1178 (Ineas v. Union Pac. R. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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