The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-11
LEGAL INTELLIGENCE.
The fsrent MmilrOafI Case.

SUPREME OOUHT AT NIbl IbIUb-JOhuCe heA0.-
The Philadelphia and Ere Railroad Company an
the Pennsylvania Railroad Company VS.. the CAta-
wisa Railroad Company and the Western Cen raj
Railroad Company. OF PenDsYlvania, and the Auln-
TIC and Great Western Railway company, of tho
States of Ohio, New York. and Pennsylvania. In
This is an application for an injunction. The bill
Tha: by acts of Assembly etc there was created
and now exist, the two corporations complainants
RESP ectively with all the powers and privileges By
law conferred
road authorized 10 be built by the Philadelphia and
Ere Railroad Company has been leased by them to
the Pennsylvanla Railroad Company, and the said
road has been finished and put in public use from its
terminus at Sunbury to Ere.
8. That In pursuance OF an act of Assembly of
March o. 1881, and of the due performance of all
things thereby required, there was Gated the
poration whose powers, c., are now vested IN the
Catawlssa Rallroad Company, with ali tue pow5rS
and privileges by the sal act and all supplements
there.O granted and conferred And in pu suance
thereof, said Company constructed and have pub.
tic use a railway commencing at Mutton, in he State
of PeDnsylvanla and terminating IN its Junction
with the Little schuylklll Railroad near Iamaqua,
and connecting at Milton with the railroad OF The
Philadelphia and Erie Railroad Company.
4. Tlat whe SAID roads were so connected, and
were cOnfeTTing upon each other the benefits TO be
derived tiom such connection by The mutual inter-
change of traffic aud when they had no more lnte-
rests whatever ths SAID Philade phia and Erie Rail-
road Company (then called the Sunbury AMI Enc
Railroad Company ana the Catawlssa Railroad
Company, upon the 3lst Of October, 1860, entered
into contract and that the Iatawlssa Railroad
Company has from that time enjoyed all the rights
and privileges thereby conferred.
g. That by act of Assembly. April q 1859 there
was create corpOI alton now called the Western
Central Railroad Company, with all the powers, etc,
6. That BY an act of Nav 90 1857, there was
created a corporation called the "Atlantlc Great
Wes ern Railroad company of Pennsylvania" with
all The powers, etc, by said acts granted and con-
l. hat the last mentioned Company pretending
to act under some law OF Pennsylvania al, epes
itself to have become consolidated with certain
poralons established by the states OF New Iork and
OHIO. and Gains to be the Atlantic and Great
Western Railway Company OF the States OF New
J ORR, Pen, sylvana, and Ohio" but the validity OF
such consolidation is not admitted by the complain
ants and the same required to be proved.
8. That the said Atlantic and Great Western Rail-
way Company have constructed and have IN public
use in Pennsylvania, d railroad extending through
Erie Crawford, Mercer, and Warren counties, and
com Getting with the Erie railway at Salamanca, in
the State of New York, and extending by a con-
tlnuOls railway in the State of Ohio.
That the Western Central Railroad Company
have not constructed nor have in operation line
of railway whatsoever, within the Commonwealth
TO- That the Atlantic and Great Western Railway
Deing constructed of SIX feet guage, does not and
cannot connect with the railroad the Philadelphia
and Erie Railroad Company, with any railroad
connecting with the said Catawissa Railroad which
of four feet eight and one.half inches guage.
IL That The Catawissa Railroad Company, with
out notice TO the complalnants, and with view TO
the formation of line of railroad which should DO
and Erie Railroad, and to divert the trade from
Philadelphia to the city of New York, have entered
a copy of which is hereto annexed.
IL. That IN pursuance Of such lease and contract
the Catawissa Railroad Company have given public
notice that on the first day OF December, 1865, the
alleged iessees will take possession oil and operate
18. That the Catawissa Railroad Company and the
alleged lessees entitled to the benefits OF the said
contract or October 81 1860 between the Catawl'sa
Raj Company and the Philadelphia and Erie
Railroad Company, and claim to nave, exercise, and
enjoy all the rights and privileges which were
granted to the said Ca;awissa Company by the SAID
contract
Ia That the complainants deny that the said
lessees can have excise on giving said rights and
privileges and aver besldes that the said contract
Is at an end, and assign among others the following
reasons therefor the said alleged lease and contract
between the Catawlssa Railroad Company.
Ihe Western Central Railroad Company and the
Atlantic and Great Western Railroad Company Is
The Catawssa Railroad Company, bv transfer of
the said road to the other parties, If thew lawfully
can do So have put an end to the said contract The
'aid contract HAVING been entered into with the
Catawissa Railroad Company alone, tor the purposes
therein expressed cannot be transferred without the
consent OIL the complainants.
That the said Western Railroad Company and
the Atlantic and Great Western Railroad Company
have no rioht by law to use, excIse or giving any
of the privileges granted to the Catawissa Railroad
Company.
Is. That the Philadelphia and Erie Railroad Com.
DaDY, soon as they learned of the said intended
proceedings, passed resolutions winch were served
on the officers and agents OF the defendants, that
they are ready to receive and transport on the r
road persons and freight coming from aud going 10
the CataWissa railroad as business of the Phlade,-
phia and Erie railroad Company.
16. I hat Ithe Catawissa Railroad Company has no
rolling stock except by the sale and contract oI
November l. 1866 was pretended to be leased to the
Western central Railroad Company. and the Allan
tie and Great Western Railway Company OF the
States of OHIO, New York and Pennsylvania.
COmplainanis ask equitable relieI as folows:-
i. That 1t may be decreed and declared that the
said contract and those entered into between the
Catawissa Railroad Company and the Western Cen.
tral Railroad Company and the Atlantic and Great
W esteTn Railroad COMPANY, OF the States of Ohio,
New York, and Pennsylvania, dated November /,
1866, is inv aid and void.
2. That the said contract dated the Sd of October,
1868, between the Sudbury und Erie and Cataw1ssa
Railroad Companies IL at an end and that with the
sald CatawlsSa Railroad Company, nor the Western
Central Railroad Company, nor the Atlantic and
Great Western Railroad Company, or either of them,
can clam 1n any nght authority, or privileges By
delivered up.
8. An injunction, special trial having progressed
thereafter restricting defendants from exercising
claimngs to exercised any right benefit, or privilege
ber 1850 and from using calmlng to use the rail-
road OF tho Phlade phia and Erie Railroad Company
in any manner whatever, bv virtue thereof.
4. An injunction special till hearing ana perpetual
thereafter, restraining the Catawissa Railroad Com.
pany from assigning or transferring to auY other
person corpOratlan whatever the said contract OF
3lst October, $780, or from authorizing permitting
any person or corporation 70 use the name of the
Cataw1ssa Railroad Company Tor any purpose con-
nected herewith.
Since the fling of the bill in this case petitions of
the PhiIadelphia and Reading Railroad Company, to
be made party defendanIs also, of the East Penn
sYlyania Railroad Company to be made a party de-
PENDANTS, have been filed.
The petitions in these cases having been read af-
davts of various parties III interest were read pro
and con, and the argument was opened.
ANHuAI MEETING OF THE JOURNEYArEN