Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1849-07-28
OPINION OF JUDGE CLOPTON
DELIVERED TUESDAY, July 24Tu,

nj
me R7chmond, Fredericksburg Potomac Railroad
g., as. the Louisa Raitroad Co.-and the Louisa
hdah01d 20. rs. the R3cltMOnd FrederckS6urg & PO-
mac Railroad Co.
The Fredericksburg Company by their bill seek ,aef
by Injunction (Which il the ony mode under anv cr
stances BY which this court could administer and they
piae, e o,dh 10 tal ieilei n iee aspects trst, an
nulc.on 70 le coistlucuon OF the road by the defend
an ,uncu9h 70 lie crossing OF the FEEDER
og "a Wy ae noau o. le oelenoahls ana third an
hJonco 10 e transportation OF passengers upon the road
now progress OF construction; and they claim to be
49,; ~ nleo' uPG 'lle gio91o tlia tle law autho
i na e eA ~ vi 'ie LOUISA h5oaa rom the juno
atio " he IN Ig cy u icnon Is yo
laeo VI e gu ltee OF pleoge gven 10 them by the LIE
ls"tue el oailtl anu Is therefore unconstitutional
anu Eou y oice 81 lal PROVISION IN lne consultation Of
e s ohed otates w declares mat no State shall pass
any Jaw lpalls 'Le oDhgauon Of contracts BY the
esli seclion u e eiiailer OF le fredericksburg
COMPANY rs ehacle1 ana declared, and the Legislature
''se ,lia 1t WI not io l9 period oil thirty years
o, VIC 81 ' foau' ow any other railroad
" pI eosuclea pelweeh ue cues OF Richmond and
" a'ins.oh2 VI oi any Poioa o e distance the prob
eneot ~ miGn Totu DC 10 aiinsli the number OF
paegefs aVelg between lie one city and The other,
p lc au'ioiiHeo ny Tie ACT OF 10 compel the
company III oiuef W retain suc passengers, 10 reduce the
pa - leaed tis enactment
an M ~ 'iose' Milo should thereafter constitute
he company 10 adventure Their private funds in the work
Tor lle PUBIC pehei. ana coneedmg the power OF the
Legislature 10 40 s IL becomes necessary TO ascertain
the extent ard meaning ofthe guarantee and pledge and
Vi tie monopoly claimed under IT, Nothing can be claimed
as gfateu by lPicalo' holhlng IN derogation OF COM
gl' lse HateseT may De the effect OH this section
10 pasenges ana the Legislature by Its enactment intend
~ ai Min ne power 10 auorze the construction of
o.iel between hchoha and Fredericksburg for
aaiei purposes! am OF opinion that there IS nothing i'll
le az. " wan ilit such coicluslon Inc Legislature had
SEVENTH, esahseen handr , a ae o. ac the
Louisa Company to extend their road Nv fha not ,e
rabe route TO or near the Dock in the civ Of Rchmo
and they have exercised the power: therefore th @
ton prayed for to the construction ofhe road ronst ny
MED ~ ~ NC oe-
ba orb of III,
icksburg road bv the new roadn the casa ofth
hoe Canal Company against the uckahoe aro.d @a
pany reported in eleventh Leigh this orest;on 49, I'm
ded 1t was the PRINCIPAL If not the onlv o,ast
case and the Court Of Appeals decided that the i, .
company CONSTRUCTING their road in n,rmanns
ter had The RIGHT TO cross the canal M e
ceived between canal and a railroad constrotod e !
owned by chartered company In addition ~ III; ~
the thirteenth section of the general railroad law # is ny
acted that no order shall be made and no in,nct;o %
be awarded by any court or Judge TO stav The
ofle company in the prosecution ofher works nn 4;
be manifest that they are transcendng the auhoriv IT
them and that the inerpostion of the court ;s
prevent injury that cannot he adematelv connt 70
damages By the original charter of he Ton;sa C III
n.y. passed the eighteenth day of February eiahtn h
bred and thirty six that comnany were tbor51ad a. u
struct a railroad from some poin on the Inc - .i
Richmond FREDERICKSBURG and Potomac r a;l e VI lie
neighbourhood of Ia losye, passing bv or nea III ne e
Courthouse etc etc thence indeang xvat LOUISA
In the exercise of this power the company seected %
which from that circumstance has been casd 49,, POINT
ton. By the act of the twenty seventh dav Of Mb
1913, the Louisa Company were authorized n xt
their road by the most desirable route to or tb n
in the CITY Of Richmond By these Two actS tho 1 aooh
to cross the line of the FREDERICKSBURG ;ln power
plainly to be given and by the decision IN eeuaut ee a
before referred to- NAV lawfully be eyercsed M
sa Company then by CONSTRUCTING their rod ne LOU
FREDERICKSBURG road will not Transcend The tile
given them Will they by doing SO nct an ' ;nr
cannot be adequately COMPENSATED in dams@1 ~ WHICH
case in eleventh Leigh decides that the na, nc same
the franchise of one Incorporated eoanv a VI even
demned by another company paving Inst cnmnent
therefor ANY injury which NAV be done ~ 4bo E
rcksburq COMPANY by the Louisa railroad cr Tue:
road can and NAV be easily ascertaned in ort teil
ney, and can be adequately compensaed IN ~ mo-
therefore the Injunction prayed for TO the ~,
Fredericksburg road by the Louisa road me ale b h, e
MED ''''@' "i'o 10 oe-
Third As TO the TRANSFORMATIONS Of -
is admitted bv all that the guarantee contae ~ t DOL
section Of their charter secures ~ tho NJ ~ we ool
Company the right to transport ali ravaiIer 1a
along The line of their road throuph s passing
am of opinion that by lust and nronsr anu
of that section taking il aopether thew a %
to be secured in the rght to transnort ail
along the line OF their road for anv noron T To- pis
who in the absence of any other railroad s &
it, would find it convenient to use if as m ~ ' i
Inc The section must he internreted @ ~ uaVG ~
stale of thinps existing AT the tima r @ " tle
tbng else can fairly be s,nnosad 10 have hp r., no