Wilmington daily gazette., 1872-04-30
- WILMINGTON DEL. TUESDAY, APRIL 80, 1872
rhe Wilmington and Reading Rail road
4oeoslOn.

Z Our readers are aware that question has
been pending In Court for aome time a. to the
right Of the w. & X. r. r. TO locate their track
nver ground Jwnesl BY the Philadelphia and
Resding Raiirosd Company below leading
being . strip Of land about oneahird Of mile !
in length. beginning at the furnaces Of the
Nessrs. Eckert aud ending at the spot known as
Lovers Leap The w. 4 r. X. K. staked out
the line OF this track between the p. 4 r. X
track and the river, and commenced work upon
it, when the =. s X. K. Il. uteriered, had the
workn,en Of the w. & X. X. R. arrested, and
stopped The WORK. The W. 4 X. r. H. then
filed a Bill in Equity, and asked that the z. 4
K X. K. might be restrained by an Injunction
from interfering with the proceedings to build
the road. The question was referred bv the
Court Of Common Pleas of Berks county sitting
in equity to the Hon. Henry Van Reed, as
Examiner and Master in Chsncery, and a very
large an,ount Of testimony was taken by him,
and among the witnesses heard were q mum.
ber Of the most distinguished engineers in the
country. Besides the questions Of law, seri-
ous question Of fact arose, namely: as to
whether the W. & X. X. X could be located
along t.,e proposed line without seriously en-.
dangering the safety Of the structure Of the
p. X. H. K. 1t seems that the proposed
| track Of the W. & r. r. K. would he some 35
feet lower than that Of tie P. & r. K r., and
that retaining wall Of that height would have
E to be constructed along the western margin Of
the Z. 4 K. Il. Il. The eminent engineers
who were examined differed materially a. to
!. ! the feasibility Of making the necessary cutting
q q for building this wall without endangering til,
. track Of the p. & K. r. r. Il was alleged By
y some that by proper care the slopiHg grount
d between the railroad and the river could b.
/. excavated and the wall bult without endanger
n ing the tracks Of the P. & X. r. r., while othe
If engineers held directly opposite opinions. Tn
Is P. l. Il. H. K, are the owners in fee simple q
,e n the greater part of the ground between thei
ID road and the river over which it is proposed t
,d build the new road.
I'd Judge Van Reed we are informed. has pre-
i'd pared an ably-written opinion, in which afte
r. reviewing the position taken by counsel on bot
id Sides he holds that while the law would Civ
Is the W. Il K. X. r. the right to locate their trac
u ae over lana owned by Z. 4 X. r. H. as it woul
or over land owned by private citizens upon pay
ment of damages, yet the testimony raises Il
&C. greatest doubts as to whether the W. 4 K. Il.
could be constructed along the proposed lii
without occasioning serious and permanent da
ger to the structures of the P. & r. K. R., al
this important question being thus LEI. by Il
testimony in doubt, his report is adverse
on granting the injunction asked for by the W.
oss r. K. Il.
las The question will now, We suppose, come
tch for argument before the Cour, of Common PIE
e.y of Berks county, and will no doubt ultimate
,ad he referred TO the Supreme Court. II the de
TO- sion of the matter is sustained, it would Set
led lthat the W. & r. Il. K. must be located II
ate will probably enter Reading and join the W.
tiy r. K. r. by bridge near the foot of SIX
ght street. Reading Times.