The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1854-07-20

Defendants.
This cause was called up on Monday
of last week, and the argument closed Oh
Friday.
Messrs. WheIpey and Whitehead ap
peared for complainants, and Messrs,
Freliughuyscn and j. 2. Bradley for de-
PENDANTS. The conflict between the Com
panies originated in the location Of their
respective roads over part of the same
ground their charters.
The Warren Railroad Company OBJ
tanned their charter on the 18th Februa-
ry, 1851, to construct 4 Railroad from
near New Hampton, point on the Cen
tral Railroad of N. j., to the Delaware
Water Gap, distance of IS miles. The
Morris aad Essex Railroad Company OBJ
tanned a supplement to their charter on
the 18th February, 1851, to extend their
road from Dover to the Delaware Water
Gap. 1t appears from the bill and an
swer, that Blair and his associates are
deeply interested in the construction Of
the Delaware, Lackawanna and Western
Railroad; a road leading from the Della
waro Water Gap 70 the Great Bend, on
tho Susquehanna River, and their connec-
ting with the New York and Erie Rail
road and other roads, that the Northern
Division Of their road, leading from
Scranton, in the Lackawanna Valley to
the Great Bend, was by them constructed
in 1851, and has since been in successful
operation. Immediately thereupon, Blair
and his associates determined to construct
the Southern division of their road, from
Scranton to the Delaware Water Gap;
having obtained, in 1852 and 1858, the
necessary legislation of the state of Penn
sylvania for that purpose-and law
authorizing the connection with the War
ren Railroad, and the bridging Of the
of the River Delaware. Early in the
winter Of 1853, Blair was engaged with
several corps Of engineers in the location
Of the Southern division Of the Delaware,
Lackawanna and Warren Railroad OF
Pa, and procuring the right of way for
that road, all of which the answer alleges
was we'll known to the Morris and Essex
Railroad Company. Blair had endeav-
ored to induce that Company, in the fall
Of 1852, and carly in the winter of 1853,
to extend their road and connect with
the Pennsylvania road, on fair and equit-
able terms, pro TatU on passengers and
freight, for coal-the same as any other
company charged, which was declined
on the part of the Morris and Essex Rail-
road Company, they demanding a monop-
oily of all the business and pledge that
the Warren Railroad should not be con-
structed to the Central Railroad of New
Jersey. There ended the conference
Blair Immediately thcreupon directed a
practical engineer with his corps to locate
the Warren Railroad, which route the en-
gincer had on several occasions recon
noitered and had selected the ground
that the road must necessarily occupy
The Morris and Essex Railroad Company,
knowing the intentions of Blair, placed
their engineers at work to locate their ex-
tension,-the engineers of Each Company
passed each other on the line, one party
going east and the other west. The line
of the two roads crossed each other at
two points-one point at the Vass Gap,
near the Delaware, the other at the Van
ness Gap, eight miles east Of the Della
ware. As soon as the Warren route was
surveyed, books were opened, the stock
the Company at once duly
and properly organized, the route adopted, |
a committee appointed to purchase the
right Of way, and the President, Blair,
ordered to file the survey in the Office OF
the Secretary Of State; this was all done
on the 18th March, in conformity to the
charter. On the 8th March thereafter,
at II o'clock a. NJ. Blair filed the sur
yey Of the Warren Railroad in the Office
Of Secretary Of State-at II o'clock same
day, the Morris and Essex Railroad
Company fled their survey, they having
adopted the same for their road. At
early breakfast that morning, on arriving
at Trenton, it was asccrtained that Blair
was ahead
Blair returned to Warren and compile
.ed the purchase by written contract of
he land, in those conflicting passes, for
he Warren Railroad. The agents of the
Morris and Essex Railroad Company ar
living just afterwards, found they were a
gain too late, and determined to accom-
dish something, induced some two or
hrce individuals to violate their written
t,undcr hand and seal, acjth Blair,
md to deed them the land, sold the War.
EN- Railroad Company, by paying them
| larger sum and indemnifying them al
20. Blair Immediately, for his company,
ook possession of the disputed territory,
,ut it under contract and commenced the
construction Of the Warren Railroad
Che Morris and Essex Railroad Compa
~, being again defeated, determined not
0 give up yet; they then fled bill, and
without notice to Blair, or the Warren
Railroad Company, s0n1ch010 OJtaincd an
'y"11ctlo1, very unfairly, as is dcl5eUed,
rom an injunction master, and suspend
d further work on the road The chan
ellor referred the cause to Abm. Brown
ne, Esq, as master who heard the par |
les, and decided the cause in every par
icular in favor of the Warren Railroad
company. The complainants not yet sat !
sfpd aDDna1nd IN tho Court of Errore J.