Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-04-19

THE PHILADELPHIA READING RAILROAD
COMPANY TRYING TO PREVENT THE VIII.
NIS0Tos READING RAILROAD FROM
USING THE PRIVILEGE GRANTED 1T BY
THE LAST PENSsYIvANrA LEaIsI. AZURE.
Though the Legislature OF Pennsyl-
vania passed an act for the special
furpose Of allowing the Wilmington
and Reading, or rather the Berks
County Railroad Company, 10 go
through the city Of Reading, the Phila-
delphla and Reading monopoly does not
Intend to abandon It's bitter fight against
rs young rival, and has resorted to the
Courts to delay action.
A bill In equity, setting forth fully It's
claims and pretended rights TO monopo-
lie the only ground available for this
purpose, was filed In the Court Of Com
mon Pleas at Reading on Tuesday.
II recites the fact that by recent act
supplementary 10 lie original charter the
Berks County X II. Company is author
lied TO construct a PORTION Of their rail-
road and turnouts, along and over the
eastern side OF Front and Canal streets
aud TO cross cut and intersect the main
track Of plaintiffs railroad and their sid
ings and turnouts.
The petition declares
THE construction Of track by another
and rival railroad company Immediately
alongside Of the plaintiffs railroad will in
terseot all the turnOuts and Hidings to the
private establishments upon the east, and
by the Intervention Of another railroad
company between said plaintiff and its
customers will practically cut of commu-
nicatton with them and will ever prevent
said plaintiff from obtaining additional
facilities for the transaction Of its business
NNaN. IL IL. r a a a
any turnouts laid by the said defendant into
private property upon the western side Of
said streets will cross and cut the track Of
the said plaintiffs railroad, and thereby
break and interrupt the continuity thereof
to the great and irreparable injury and
damage of the said plaintiff.
That the SAID Act OF Assembly does not
rovide for any compensation to be made TO
the said Philadelphia and Reading Railroad
Company for the injury TO its property and
franchises by tna taking aud occupation by
the said defendant Of the portions OF Front
and Canal streets, heretofore occupied by
the said West Reading Railroad Company
as Aforesaid. and that II intended to author
izc any such taking and occupation Of said
streets, the said act Is In violation Of the
clause of the Constitution of the United
States WEIGH provides that no State shall
pass any law impairing the obligation Of
contracts
1t sets forth that no compensation has
netn CUefeo Tor tie damages 10 ne
sustained by the plaintiff and prays
that an injunction, preliminary until
hearing, and perpetual thereafter, may
be Issued restraining the Berks Coun-
ty Rail Road Company, its agents,
and employeee, from entering Into or
upon any, and all that part of Front and
Canal streets In the city of Reading.
along and upon which the railroad for
merry of the West Reading Railroad
Company, now owned by the Philadel-
phia and Reading Railroad Company
has been located or constructed, that Is
10 say, fIom SIKH street 10 near Penn
strickland from laying or constructing
any railroad track upon any part Of the
said Front and Canal streets between the
said points, and from laying any switches
or turnouts therefrom, and from enter
ing upon, crossing, cutting or intersect-
ing the main track Of the plaintiffs said
railroad, or any turuouts, or aidings
therefrom, or In any manner touching,
disturbing or interfering with The said
railroad.
The argument on the bill will be heard
on Tuesday next, 22nd inst.