St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-25

ing: 81 do not think the reservations.
qualification and conditions. of the
deed are subject to the construction
plaintiff claims for them" The pur-
poses for which the depot company was
created are entitled to much weight in
constru ing the railway compaDy's
rights. The purposes of the depot COM
pany were to serve not only the
railr Dads at that time terminal
ing or passing through the city, but
as well subsequently constructed roads.
All buildings, shops, structures, turn
tables. machinery. appliances and APP
pendageS necessary for the transaction
OF bu siness, with all the roads and iu-
dustries in the city, were to be opened
alike to the use of all roads then con-
structed or to be constructed in the
Iutufe. The court. in constituting the
deeds OF the railroad companies, decides
that the words suitable, adequate OF
proper" are relative and flexible
terms, applicable to all exigencies.
What was suitable, adequate and
proper for the depot's use ten yeas
ago has become wholly insufficient for
present uses. In considering the deed
and all the facts in reference to the
transfer to the depot company, the
court is of opinion that the whole tract
was conveyed, ana there was no spe-
emo property exempted, except that
the railway reserved an easement
over the three most northerly
tracks to be thereafter constructed.
Upon the proofs in this case 1T clearly
appears that the proposed improvement
Is not only necessary and proper, but
has become imperative to meet the
wants of the travelling public. 1t is also
held that the railway company is not in
position to now insist that the most
northerly track shall be restored to its
possession or the present baggage house
removed, because for the purpose of
constructing suitable baggage and
emlgrant room it was necessary to make
use of this track and six feet of the
alley adjoining the depot on the north.
There was assigned to the exclusive
use of the railway company the three
most northerly tracks in lieu of the one
of which it was deprived: and
it has had exclusive use of them.
subject only to the permission
given by it to others to use. 1t revoked
that privilege shortly prior to the COM
mencement of this action, as it had
right to do. The rights of the railway
to the three most nOrtherly tracks
can be enforced without interfering
with the construction of the depot
sheds according to plans and specifica-
tions prepared. 1t follows therefore
that the relief asked for in the com
plant in so far as it seeks to enjoin the
construction of the depot sheds, must be
denied.
The plans proposed by the depot
company do not satisfy the just claims
of the railway company. because not
securing a suitable platform room adj
joining its most northerly track land must
be accordingly modified SO as to secure
platform not less than ten feet
wide in the clear for the sheds
on the north side of the northerly
track, giving the exclusive use
thereof to the railway company
This done and the tracks filed UP to
level with the platform will give the
railway company suitable platform
room for present purposes; but this
will not debar it from applying for and
securing additional room when its bust
ness so demands. 1t is not material
whether the plan of the railway as to
the removal of the baggage house
and steam plant and the restor-
ing of the tracks as originally
located is preferable to the plans of the
depot company, provided the latter are
not unreasonable, and do not discrim-
mate as between the roads using them.
The claim by the depot company that
the railway company had been guilty of
negligence in not bringing their action
sooner was decided to be untenable.