Harlan F. Stone

“ To support the burden of proving that the order of the commission is arbitrary and unreasonable, plaintiffs in error criticize numerous engineering features of the city's plan, especially the provision for an 18-foot clearance between tracks and viaduct, which is characterized as dangerous to life and limb. ”

“ The Delmar Boulevard crossing is so situated that the commission's order directing depression of the railroad tracks there is a virtual, though not legal, adoption of the city plan to the extent that other crossings at grade in the vicinity can, as a practical matter, be eliminated only by depressing the tracks. ”

“ The railroad plan makes unnecessary the change of location of the right of way in the park, but involves the construction of unsightly embankments, which would materially reduce the value of residential property in the district. Each party makes claim for its plan the advantages of safety, economy, numerous mechanical and engineering conveniences, and the avoidance of certain mechanical and engineering hazards, all or most of which, it is insisted, the other lacks. The commission found that either plan is practicable from an engineering standpoint. ”