
    CASS COUNTY BOARD OF ROAD COMMISSIONERS v. PUBLIC SERVICE COMMISSION.
    Railroads—Crossing—Installation of Flashing Light Signals.
    Circuit court’s denial of preliminary injunction against enforcement of public service commission’s order requiring installation of flashing light signals at a railway grade crossing with a eity street held, not an abuse of discretion under record presented, but trial court is instructed to proceed forthwith to trial on the merits.
    References for Points in Headnote
    [1] 44 Am Jur, Railroads § 400.
    42 Am Jur, Public Admmislrativo'Law § C9.
    Appeal from Ingham; Coash (Lonis E.), J.
    Submitted November 6, 1964.
    (Calendar No. 75, Docket No. 50,462.)
    Decided November 16, 1964.
    Action by the Board of County Road Commissioners for the County of Cass, a statutory corporation, and the New York Central Railroad Company, a Delaware corporation, against the Michigan Public Service Commission to enjoin enforcement of order for erection of flashing signal lights at grade crossing. Prom denial of motion for preliminary injunction, plaintiffs appeal.
    Affirmed.
    
      Carroll B. Jones, for plaintiff Board of County Road Commissioners for the County of Cass.
    
      Frederic L. Wycltoff, for plaintiff New York Central Railroad Company.
    
      
      Frank J. Kelley, Attorney General, James R. Ramsey, Acting Solicitor General, and Hugh B. Anderson, Assistant Attorney General, for defendant.
   Per Curiam.

Upon leave granted, this appeal was taken from a circuit court order denying motion for a preliminary injunction against enforcement of the Michigan public service commission’s order requiring flashing light signals at a railway crossing of the New York Central with White street in Howard township, Cass county, Michigan, it being alleged that the circuit court abused its discretion by such denial.

Upon review, we find no abuse of discretion by the circuit court.. The order denying a preliminary restraining order is affirmed. The circuit court is hereby instructed to proceed forthwith to trial on the merits in the above cause. Costs of this appeal to appellee.

Kavanagh, C. J., and D-ethmers, Kelly, Black, Souris, O’Hara, and Adams, JJ., concurred.

Smith, J., took no part in the decision of this case.  