The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-16
LEGAL INTELLIGENCE.
THE eRRAr RAILROAD CASE.


NIsI PRIUs CoUBT-Judge Read.-Pennsylva-
MA Railroad Company ct al. VS.. the Atlantic and
Great Western Railroad Company.-The Hon.
robert j. Walker this morning resumed his argu-
ment in behalf of the Atlantic Railroad Com
pany In opening he read the application of
the Pennsylvania Railroad Company for an iD-
junction restraining the Atlantic Company from
using any portion of the Catawissa Railroad.
In "a 'Story's Equity" page 535, this prin-
Ciple is laid down:-
'1t is a universal rule in equity never to en-
force either penalty or forfeiture. Therefore
courts OF equity will never aid in the divestng
OF an estate for breach Of covenant on a cond-
tion subsequent
Again in 4th Johnson's Chancery Reports,
page 2l, we read
"A court of equity does not lend its aid to
divest an estate for breach of q condition. 1t
does not assist for the recovery of penalty or a
forfeiture, or anything in the nature OF for
ieiture.n
Again. citing from I'd Wright page lO2, we find
that "a court of equity will not interfere to
redress any injury TOR which there is ample
remedy at law. A railroad company will not be
tion OF their road, because of the violation of
some contract which they may have previously
made In relation TO IT. That would seem to be
almost in the words of this case.
In 1864, the Pennsylvania Railroad Company
promulgated, in printed report the fact that
we we're connecting road.p They did not
style us connecting train" And now, after
we have issued thirty millions of bonds, they
make decree which may cause the loss Of this
thirty millions.
II Is said that thesholders of these securities
are Englishmen, but because;they are across the
ocean, unable to be present and protect their
interests, is advantage to be taken of their
absence, TO perpetuate a wrong But all these
securities are not held in England. Two mil
lions and half Of them are held by Phila-
delphians.
Your honor has no right to decide whether we
are connecting roads or not because the plain
tifls raising the question are a private party.
Suppose It is decided, or about to be decided that
we have forfeited our contracts and our rights,
because we are not connecting road, the Gov.
ernment in a case like this, where $50, 900, 900
had been expended, in good faith would be
bound TO waive the forfeiture
In the Annual Report of the Board OF Direc-
tors of the Pennsylvania Railroad Company,
February Il, 1866, page 98, I'VE read:-"A number
of sidlngs have been lald during the past year,
requiring considerable graduation. A connection
has been made with the Bald Eagle Valley Road
at Lockhaven, and with the Shawmont Road
near Ridgway-(both narrow guage roads)-
Also, one with the Oil Greek Road at Cory, and
one with the Buffalo and Erie Railroad, giving
temporary passages from the tracks of that road,
to the Union Passenger Station al Erie"
Again turning to App'eton's RdllCdy Guide for
the present month, we ind the Pennsylvania
Railroad Company advertising that they connect
with the Atlantic and Great Western Railway.
How can they after this deny that we are a con.
Meeting road
Who are the allies of my friends on the other
side? The New York and Erie Raroad-a road
built expressly TO divert the whole western trade
to the city OF New York. The Atlantic road is 60
miles shorter from the West to Philadelphia than
any other road, and we are pledged never to dis
criminate against this city IN freight or pas
senger tolls.
The honorable gentleman, with few remarks
on the subject of railroad guages, concluded his
| argument,