Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-07-06
THE RAILROAD LITIGATION.
Decision of the supreme Court in Favor
of the Central Vermont.

l
The decision of the Sxpreme Court on the
award made by the commissioners in the
matter of the petition brought by the Gen.
trail Vermont railroad company against the
Montpelier and Wells River railroad compa.
| ny was filed In the county clerks office
Monday afternoon. The decision confirms in
all essential particulars the commissioners
award and may hence be regarded as sub
| stantal victory for the Central Vermont.
The full text of the decision is as fol-
lows
The Decision.
That part of the award made by the COM
missoners, filed June 81, 1883, which
awards that the petitionee shall receive par
lor and baggage cars with their passengers on
through tickets and baggage on through
checks from said Montreal and Saratoga
express train at Montpelier, and transport
the same over its road to Wells River in
not exceeding one hour and thirty-tlve min
utes and after the return of the same from
the White Mountains to Wells River 10 like
manner receive and transport the same TO
Montpelier in the same time, so as to connect
with the petitioners express train going west
ward over it's road, aud that the PETITIONERS
OF the petitioner going east and west from
Montpelier, and that the petitiouec shall re-
ceive pro rata share of the earnings of said
line. provided that if petitionee shall be CON-
PEELED to run an extra train in connection
with said line the petitioner shall
pay the petitionec slch sum in
addition to its pro rata share of earnings as
shall be required to save the pelitionec from
loss in consequence of running such extra
trains this arrangement shall commence on
the second day of July and continue until
the Goth day of September in each year
while this award shall remain in fore; and
those parts of the supplemental award made |
by the commissioners and filed in the cause
that award that the parties shall respectively
receive their local rates intcad of a per rata
division for the transportation Of freight, |
and that the petitionee sLall at all times |
while the award is in force receive from the |
petitioners road passengers with through |
tickets, with their baggage on through |
checklists confirmed and judgment render
ed thereon, with the following qualif- |
cation The petitionee, instead of be-
ing limited to pro rata share
of the earnings of said lines, shall
be entitled to be paid at the rate of not |
less than Sl.51 for each and every passenger |
that it may so transport over its road, and |
monthly settlements shall be made by the |
parties and any sums that may be found due |
to the petitionee upon such settlements shall |
then be paid by the petitioner to the petit |
tionce. This arrangement shall commence |
on the 9Th day of July for the year 1888, in-
steadsof the second us fixed by the award. |
And before the petitiOnee shall be required to |
run any extra trains 10 transport such cars, |
the petitioner shall execute bond in the |
penal sum of $4,000, to be approved by the |
County Clerk of Washington county, and de- |
post the same with him for the benefit of |
the petilionee, conditioned that the petitioner |
will pay the pettionee all loss and damage that |
it may sustain in consequence Of running
such extra trains, except such as may
result from the fault or negligence of the
petitionec.
The costs of this proceeding, including the
fees of the compensation of the judges, 10 be
paid one half by the petitionee; no witness
or attorney fees before commissioners to he
taxed. IoMEg f. ROYCE,
for the court