Cases Relating to the Law of Railways, Decided in the Supreme Court of the United States, And in the Courts of the Several States
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And if so, why should it not have been contemplated by the legislature ? The words are sufficient to warrant this construction, and the power is as useful and necessiiry in the one case as in the other. To raise the turnpike road to permit the railroad to pass over it at the same level, is then as much within the words and intent of the statute, as the power of raising it much higher to carry the travel above the railroad by an independent bridge. This latter power is undoubtedly granted, but d...oes not, in- terms, or by implication, exclude the other. And it may be remarked as tending to strengthen this conclusion, that raising the turnpike road three feet, to pass on the level of the railroad, is a much less impediment to traveling on the turnpike road than to rais^ it eighteen or twenty feet, to pass above it by a bridge. The former would create a slight rise in the road, easily relieved ; the other would require the ascent and descent of a considerable elevation. The con- struction which is thus put on the statute, is calculated to promofe the execution of one of these public works, that is, the railroad, with the smallest amount of inconvenience to the travel on the other, the turnpike road.
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