, 1874-10-17
RAILROAD NEWS,


THE BALTIMORE, plTTAnURG CHICAGO nA119oAn
CAsI:.
Judge Druulmond gaye atlecsion Yesterday on
The motion to disbulva tho injunction roceutls
Rranteti il, tie caao Of tile Michigan Central Rnil.
road Company vs. Tho Baltimore, pittsburg Il
Chicago Railroad Company. Tho caAo, tho Judge s.,
remarked, was not free from grave doubt % II,
wlniher the Court had Jurisdiction. Tho Indi.
a1sa statute anys that. II the two cosnpanics diea~
grao theC ourt Nould have poner to appoint
Commissioners to decide tito dsnlagoH. IN thIt
case, d. is we'll known, tho Companies had utterly
failed 10 agroo ~ to any point Of croasipg nud.
therefore. rs it was question Of Jurisdiction, Ii
was doubtful whether tile Court had right to
aBsoss tho damages.
The Judge remarked that ha had no hesitation
IN saying that Ito desired, II he possessed the
power. to suy 10 tho txo railroads that Ii It could
he done, they should not cross at grade Even
thongh tho expense vouid bo considerable to
mike tsem pass on different grades, ho thought
tt would be T. mutual advantage. 1t was not
question Of present use, but was a question for
all time, as long as the two roads wero operated.
and as long az tie present modo Of loconot ion
was emploSod Tho Judge did not feol iuclin ID
to let the injunction stand at tho prcscns time,
but decided 10 retain tho hill, and, il 1t turned
out that Tho jurlsdictional faet did not o1ist.
Ind .l that t!vy ,'! bad no riisht, bsoauao m the
cotnped with, then he might grant an injunction.
But. conccain. sl,ss a,o had tho power to compel
ono road to i'ass ovor or 1,odor tho other, lA
thought that each company should pay part Of
tho oxpenee, US no ona could prevent railroads
from eStnuttin, their lines, aud tl,ey could not
'!o il without crossing those OF other companies.
Tho fact that coulplaiunnia road was the older,
did not change the matter. II vas probably
with tlis Thought in viow tint the Commission
nJs Hnt4 0F1T ntYA1j1sfl f.T1n1fnsf fHmHrax fn
complainant. ]lo therefore thought Tint no
.,efiouH damage would arise to the conlpIainaur
ii the Baltimore, Plttaanr5 /; Chicago RAILROAD
Coulnany were allowed to cross It's road lat
grade.
III tho samc time, however, the Judge said Ie
ahout appeaY that to l.al the power 10 do 10. II
wes evident that the policy Of Tho State OF 1ndl-
ann was to allow tho railroads TO cross at grade
! although naturally ihore would he more acci-
lontH but these arc duo to = lack Of skill on tho
part Of the employees. lie wonld u1ake an
order dissolyiing the temporary INJUNCTION hore-
toforo granted.
Tho Judge also intimated that ho intended to
appoint sonlo compelauS man 10 20 and look ut
ti,a locality Of tho proposed crossing, and report
whether crossing rnnld be lnRle above OF below
tho complaiuant'B road, nlll which company
should cross above, and also tho probable es-
pcnse.
AIR. Cowen asked Tho Judga to make tho order
70 ~ to authorize tho Dlllin,ore l. rittsbuSg
load to 10 Oh mud lay the crossing. but Ao de-
clinod, on the ground that Ie considered le did
not hayc any authority to do 50. hut would leave
tho Company FREQ to do ~ it chose.
Mr. Dexter, OIL behalf Of tho complainant. Of
fored to mako Some agreement With the defend.
nut ts to laying the truck. buk Mr. Cowen de-
clined entirely, and loft it to tho Court to make
Guy order in tile caso.
end lay ,tH track unless rosietaAce is o1ored By
the colnpluinansa u servants.