Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-05
RAILWAY LAW.


any engineer IN the United States
RAILWAY LAW
The following notes Of decisions Of
interest 70 railway mcn am from the
Railway Review
Where Right-of-way is Not Used
A right-ofway t6rough land between
stations two or three miles distant was
granted to a railroad company by a deed
which provided for its forfcitdn, n 4
ceased TO be used az railroad. The
company obtained the use of another
track between the stations, AND there.
atter. FOR over ten ycafs. used this right
of.way only for the occasional
storage Of ears In an action
for the possession of the prom
ises under the forfeiture clause in
view Of the length OF the period AZ non.
user, it was prOlVr TO exclude evidence
ny the companys president as to-
whether, when they ceased 10 rim trains
over this route they intended 10 take
them OF permanently tltiCkbt " q.
y Z. y. ~. Co, supreme count of Mich.
gan, ~ \. ". Rep 1869
Condition Limiting Liability for Goods
"A common carrier may stipnlate. in
contract of shipment 10 a Point beyond
Us line, that il shall be Aleased from
liability after the chattlcs shipped have
lett its line. aud such stipulation viii
rcsdlt In the benefit OF N connecting car.
rer over whose liue the chnttlos pass
exempting such carrier from liability for
loss. except that which occurs on It's
own rund. international and Great
Northern Railroad company " Mahula.
civil court Of appeals Of Texas. 20 s.
w Rep itO2)
Where Railway Company Abuses its
Privileges The statute permitting
railroad company 20 construct its road
across, along or upon amy highway, con.
templated only casual or incidental
and does not authorize company 10
build les entire railway along high.
way between two cities Even III
q railroad company did have the right
10 build It's entire railway along a high.
way. such u.s. would impose an al
diionnl burden upon the Zee. and il
would have 60 first make compensation
10 tie AUDITING land owners or acquire
the right 10y condemnation Proceedings.
-u}urt VS. Lima a H. H. liy Co. an.
prcmc court OF New York, Syn. 5S2)
BURLINGTON AND KATY.
Tho presence Of President Perkins Of
the Chicago. Brlingtou and Quincy, Ia
the city Tuesday evening says the Kan
sas City Journal, after a tour of the limos
OF the Missouri, Kansas aud Texas sci
WNNAhH INV NlNNNANNlNn Mh 10 tue nNNsIH
bhity Of the absorption % the latter rOnd
by the Burlington ny stem, as suggested
by eastern papers and In these columns
some time nEo II has hern Nnriously
rumocd that the burlington people viii
soon get control Of the Rockefeller inter.
ests in the Katy" which acquisition
would give them contr, of that road.
These rumors taken with the recent in-
spcction 10y me president of the Burllng.
ton. would indicate that something In
the way of "a combination may BE- cf.
iectcd
Such consolidation would be o master
stroke for the Burlington. which now has
D. long line 10 N. Louis, bur which would
then have the shortest line. prpsuppos-
ing VI coure, that It would purchase
the Kansas City. BOonvilc and 81.
Louis, which will soon be built from this
city b Boonville, nc which point IL will
connect with the Katy" now almost
completed 10 the same place The Bur.
lington, which Is now using the tracks
Of the Wabash from st. Peters into st
Louis, Is building its line parallel 10 the
rented track, and Ia tho event Of n
consolidation with the Katy" would
have every possible advantage IN trans
missouri traffic. The southwestern con-
nections of the Missouri. Khnsns aud
Texas would mako powerful feeders
for the big Burlington system.