Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-31

l
was the principal If no! the only, question -
the case; and the Cour. Of Appeals decided that
the railroad company, constructing their road
10 pursuance of their charter, had the RICH! 10
cross the canal. No difference is perceived be
tween q canal and railroad constructed anu
owned by chartered company. In addition 10
this, by the thirteenth section OF inc generai
railroad law, it is enacted that no order snail De
made, and no Injunction shall be awarded, oy
any court or Judge to stay the proceedings oil
the company in the prosecution oil their ~oiRs,
unless il be manifest that they arc transcendlng
the authority given them, and that the lnterPo-
sitioD of the court is necessary to prevent 10
Jury that canno, DO adequately compensated in
damages By the original charter of tho Louisa
Company, passed the eighteenth day OF Febfu-
airy, eighteen hundred and thirty six, that com :.
papy were authorized to construct railroad
| from some point on the line Of the Richmond,
Fredericksburg and Potomac Railroad, in the
neighbofhood of Taylorsyille, passing oy or
near Louisa Courthouse, &c., &C., Chence IL.
dicating western roule.) 10 the exere OF
this power me company selected point, which,
| from that Renaissance, has been called The
juno ion. By the act of The twenty seventh
day Of March, l648, the Louisa Company were
authorized 10 extend their road by the most de-
sirabe route, to or near the dock IN The City oil
Richmond. By these two acts, The power TO
cross the line of the Fredericksburg rnilro d
seems plainly TO be given, aud by The decisioh
10 eleventh Leigh, before referred 10, may law
fully be exercised. The Louisa Company,
then, by constructing their ROAD across Inc
Fredericksburg road, will not transcend Inc
authority given them. VIII they oy oo'ng so
in6icl an injury which cannot be adequately
compensated 10 damages' The same case m
eleventh Leigh, decides that The property or
even the franchise of one Incorporated company
may be condemned by another company paying
Just compensation therefor Any injury, which
may be done 10 the Fredericksburg Company
by the Louisa railroad crossing their road, can
and may be easily ascertancd m extent in no.
ney, and can be adequately compensated 10 da-
images; therefore The INJUNCTION prayed for 10
the crossing of the fredericksburg road by the
Louisa read must also be denied.
Thru. As 10 The lranspoIlaliuns OF passengers:
II is admitted by all that The guarantee, ccnisiD-
ed in the 3Sih section OF their charter, secures 10
The fredericksburg Company the right 10 trans
port all travellers passing along the line OF iheif
road through lis whole exieni; and am OF opln.
Ion, that BY just and proper construction OF mai
section, taking il altogether they are also ih'en
Ged 10 be secured in The tight TO transport all
travellers passing along The llLe OF their road,
Tor any potion OF its distance, who, 10 The ab.
sence OF any other railroad connected with il,
would find j: convenient TO use i, as means oi
travelling The section maAt be Interpreted ac-
cordins 10 The slae OF things existing al The time
Of its passage; nothing else can fairly be sup
posed 10 have been III The legislative mind IL
may be difficult precisely 10 define lhe limits on
each side ot The Fredericksburg road, from which
these passengers would CONE. That must de.
pend upon the facts 1T each particular case as
ii may arise; but can il BE- supposed that The le-
sislature Intended, that when lhc wants Of the
public required the construction OF other rail-
roads from the West, or any other direction,
which it might be mcsi convenient 10 connect
With or intefsect the Fredericksburg road, The
travellers upon these other railroads, who would
otherwise never have loucaed the line Of The
fredericksburg road, should, SO soon az they
reached II, BE- confined 10 il aiCnel think net.
The guarantee il, that The Legislature Will moi
allow any oinef railroad 10 ur CONSTRUCTED Tor
thirty years, the probable Effect Of which
would 5e u diminish The number o; passengers
travelling between Rcnnond and Washington,
upon The Railroad authorized by The act. Can u
the West b; the Louisa road 10 Richmond, or
going from Richmcu 10 the West by thai road,
10 take any other Toad from The JUNCTION 10 Rich.
moad, .han Fredericksburg road, will lie 10 81
mnish The number OF passengers travelling be-
tween Richmond and Washington upon the
Fredericksburg roaa1 | ,hink not. But Tor The
existence oil the Louisa Railroad, West CT Tue
Junction, such passengers would never have
been upon The line OF the Fredericksburg road
IL the Louisa Company shall hereafter use their
road TO the injury OF the fredericksburg Compa..
NY, b. Transporting passengers, in violation OF
The rights secured by The 35;h section OF their
charter, The remedy BY action at law seems 10 be
plain easy and adequate; if, however, it should,
IRON any cause prove 10 be inadequate, it may
tie proper 70 in;erFose by Injunction. That viii
dspend upon The facts Of The case as Il may then
appear. 10 award the iujuncliun now, would De
TO indie, present, certain and serious injury up.
90 one party, 10 pfeventa remote, uncertain and
possible injury 10 The other, which may never be
committed, and il commitei, can be adequately
redressed al law. The case, as now presented, is
not such an one as 10 justify The n,erposiiion BY
Injunction. an, therefore, OF opinion that The
Injunction prayed for should be wholly denied.