The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-26
The Great Railroad Controversy.
Decision in Favor of the Pennsyl-
vania Railroad Company.
Important Opinion by Justice Read.

ustlce Read.-The Phiadelphla anu Erie RAIL
road Company and the Pennsylvania Railroad
Company vs. The Cstawissa Railroad Company,
the Atlantic and Great Western Railroad Com
pany, and the Philadelphia and Reading Rail-
road Company. This morning Justice Read de-
livered the opinion in the above case, which on
its argument was very fully reported in our
columns. The magnitude of the question in
volved and the Importance OF the great
interests at stake, both to our citizens and
to the city itself, have created feeling
of deep interest, and the general i'm
portance of the cause ITSELF as well as the
learning and ability of the counsel engaged in
discussion, have everywhere attracted attention
to it's it. For the Philadelphia and Erie and the
Pennsylvania RailroNd Companies Theodore Guy
Ter and Chas Gibbons, Esqs., appeared, while the
companies defendant were represented by Hon.
jeremiah s. Black, Hon. Robert ]. Walker,
George W. Biddle, Esq, Alexander Henry, Esq,
George M. Wharton, Esq, Judge Church, w.
Hayward Drayton, and Franklin o. Gowen,
Esqs.
The decision of the Court is in favor of the
compainants, and the opinion is as follows:-
SUPREME COURT OF PENNSYLVANIA IN AND FOR
THE EAsTERN DISTRICT. January Term, 1866.
In equity.-The Philadelphia and Erie Railroad
Company and the Pennsylvania Railroad Com
pany VS., The Catawissa Railroad Company
and The Western Central Railroad Company of
Pennsylvania, and The Atlantic and Great West
ern Railway Company OF the States of Ohio,
New York, and Pennsylvania. Andrew Scott
VS.. the same. Read, j.
The real question in this case is whether the
railroads IF the Atlantic and Great Western
Railway Company and the Philadelphia and
Erie Railroad Company are connecting roads
within the meaning of the Acts OF Assembly of
the 18th March, 1S47, the 29th March, 1859, and
tho Anri l.. CI1Rh
Meeting roads, then the frst-named road is con-
nected by means of an intervening railroad with
the Catawlssa Railroad, which is unquesrionably
directly connected with the road of the PhiIa-
delphia and Erie Railroad Company.
The road of the Atlantic and Great Western
intersects the Philadelphia and Erie Road at
Cory, in the county OF Erie. Does 1T connect
as we'll as iaterSeot? The one has q guage of six
feet, and the other Of four feet eight and half
inches. The one runs across the State, and by
means of connecting roads forms through line
from New York TO Dayton, Ohio, with further
western connections, whilst the other road is
entirely on Pennsylvania soil, and connects the
city and harbor of Erie with the city and port of
Philadelphia, the commercial metropolis of the
State. .. Eg.
There is necessarily break of guage at
Cory and the cars and locomotives of one road
cannot run upon the other road. This is a ply
sical i'm accessibility, as the two roads are now
constructed and are proved to the Court to exist
at the present moment. If all the rolling stock
of one road we're by an accident destroyed, or
withdrawn, the remaining road could not operate
it with their rolling stock, although perfectly
willing to supply the wants OF the intersecting
road. There can therefore be, and there Is not,
any mechanical connection between the two
roads.
But as the opinions of eminent engineers on
both sides have been laid before us as to their
understanding OF the terms "connectingn rail
roads or roads directly or by means OF inter-
vening railroads connected with each other" it
becomes necessary to look into the history of
/ the railroad system generally, and particularly
/ of that OF this State
The Liverpool and Manchester Railway
planned and executed by George Stephenson
was opened thirty-sX years ago with steam loco
motive power, brought into successful operation
I by the genius and skill of this distinguished en-
! gineer. The gauge Of this road was ffty-siX and
/ half inches, being that OF the coal roads then
in use. Three years afterwards Parliament autho-
rized the construction of railwayfrom London to
| Birmingham. This railway was of the same
| guage, and built by the same engineers; aud has
! since grown into the London and North west
! ern Railway, with 1924 miles of road, on which
| have been expended over ftty'two millions of
! pounds sterlng end of whose management and
operations most interesting account is given in
the Quarterly ReUie,o for December, l849. The
halfyearly dividend of this road for the first hal
! OF 1865 was three per cent.
The scheme for the Great Western Railway,
running from the city Of Bristol to London,
named place, and its principal merchants in
| 1882 and was encouraged by the commercial
| establishments in Ireland and Wales transacting
business with either, or both of those cities The
| act OF incorporation was obtained on the 3lst OF
| August, 1885, and Mr.. j. Kinadom Brunei, who
| had made the preliminary surveys, was elected
as the engineer, and under his advice the guage
| of seven feet or eighty four inches was adopted.
| This was recommended by him originally, on
| the ground that the country would eventually
| be divided into railway districts, each OF which
| would be served by one company, and that as
| each district would have but little direct COM
| muncation with the Others, variation or break
| OF gauge would be no Inconvenience; that the
| west Of England would form one of those dis
| tricts-a district in which the traffic would be
| chiefly passenger traffic-Jhat this traffic would
| be be most satisfactorily conducted by one or
| two very large trains daily. On roads whers
| the curves were more frequent and sharp,
| and the mercantile traffic bore larger proper.
| ton to the passenger than on the western, Mr..
| Brunei admitted that narrow gauge might be
more advantageously use lew years later
he said ut can have no connection with any
other ofthe main lines, and the principal branches
were well considered, and almost formed part OF
the original plan, nor can these be dependent Oh
any other existing lines for the traffic which they
will bring to the main trunk, and the CONNER
cal isolation of this exceptional system was
therefore contemplated and designed by the en-
| gineer and directors This line, therefore, dis
sociated itself from the general railway system
OF England, and wherever the two gauges ap
preached each other occasioned, OF course, 0
break of gauge and transshIpment OF passen
gers and baggage, and also of freight, whether
dead or alive.
In ls46 there were about 21oO miles of railway
in England IN operation, of which 1860 miles
were Of the narrow gauge OF 66s inches, and 24C
OF the broad guage OF "a inches. The magnitude
of the nuisance was admitted and after discus
sion in the House of Commons, Mr.. CobdeL
moved for the appointment OF commission, and
the House subsequently unanimously voted an
address praying her Majesty to be graciously