Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-07-13

I
ful and valid lease and contract, and that no
ground has been shown for decree that Il
be cancelled or annulled
Fourth. That the memorandum of
agreement made the 3lst of October 1850
between the Sunbury and Erie Railroad
Company of the first part and the Catawis-
sa Railroad Company, of the second mart
| Is lawful and valid for the term of twentv
years from Its date and that all the rights
and interests of the Catawissa Railroad
Company under said agreement have pass
ed to and become duly vested IN the Allan.
tic and Great Western Railway Company
FIFTH. That under the several contracts
and agreements, and within the meaning of
the act Of Assembly of the 23d of April
1861, mentioned or referred to in the bills
and answers, the Philadelphia and Erie
railroad connects the CataWissa railroad with
the Atlantic and Great Western railway
notwithstanding the diversity of guage in
said roads.
Wherefore it is now, this 29th day of
june, A. ID. 1866, considered ajudged and
decreed, that the DEGREES made in the above
cases at Nisi Prius be reversed, set aside
and taken for nougkt; and it is heredecreed
that each OF said plaintiffs bills be dismiss
ed. at the costs of the plaintiffs respect
iyely
DISSENTING OPINION OF JUSTICE READ.
The Philadelphia and Erie Railroad Com
paliy ct al VS.. The Catawissa Railroad
Company ct AL
Andrew Scott VS. the same.
Eastern District Of Pennsylvania. Ap-
peal from decree of Nisi Prius.
Read, in my opinion at Nisi Prius. I
SAID The real question in this case is
whether the railroads of the Atlantic and
Great w lest IN Railway Company and the
Philadelphia and Erie Railroad Company
are connecting roads within the meaning Of
the acts at Assembly of the 18th of March
I847, the 10Th Of March, 1859, and the 23d
OF April, lS6l-for if they are such CON
Meeting roads, the first named road is con-
nected by means of an intervening railroad
with the Catawissa railroad. with the road
OF the Philadelphia and Erie Railroad Com
pany.
] believed the true construction of thes-
acts required that connexion to be a mechane
zeal connexlon, so that the cars and locomo-
tlYes OF the one road could run over the
other, taus preventing break of gauge,
which the uniform experience of England
ana America has proved to be highly iniuri-
Gus both to freight and passenger traffic. A
S"iSduA S1uus VI railroad history haG so
impressed the extent of this evil upon nv
mind, that believed the words. the spirit
and the policy of these acts required such a
construction. Ny brethren think different
y, and they regard the connexion meant as
simply a business one. This rules the case.
and all other questions become entirely
lmmaterlal, for whether the consolidation of
the the Ohio, Pennsylvania and New York
companies was legal or not, still there was a
Pennsylvania road, under charterfrom the
State, with a business connection at CORY,
and neither the plaintiff nor any one else
had right to apply to a court of equity to
restrain the execution Of lawful contract.
The policy of avoiding break of guage
IS proved By the stipulations of the Phiia-
delphla and Heading contract and, since
the argument before me- the road from El-
mira to Canandaigua has had its gauge
changed four feet eight and half inches
forming, with New York Pennsylvania and
Maryland roads a continuous land route,
with one uniform gauge, from the Niagra
to Washington city Still further; since
the commencement of this court the Nor
rls and Essex-one of the roads to be used
IN the contemplated route to New York
has changed its gauge to a uniform gauge
OF four feet eight and half inches (the mar
row gaugel, SO as to connect mechanically
with the Pennsylvania road at Easton.
dissent from the decree lust fled.