The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-09-30
JUNCTION wins AGAIN .
Judge Lippincott Grants the
Application to Amend
the Appeal.
THE NEW PLANS ARE BETTER.
Latest Victory of the Cross County
Railway Over the Penn
sylvania.
THE NEW PLANS ARE BETTER

In the Hudson Circuit Court this morn.
ing Judge Lippincott granted the ap-
plication of the National Docks and
New Jersey Connecting Railroad to
amend its appeal and file new
plans Ia its suit against the
Pennsylvania Railroad Company TO cross
its tracks at the Point Of Rocks. The
Judge delivered lengthy opinion. He
said that be had noticed nowhere in the
argument any serious objection TO the
mode OF construction OF the junction
Railra over the PenusyIvauia crossings.
The principle 10 now fairly established in
this State that the power to condemn 3
right of crossing by way OF eminent do
main exists The Judge then quoted ut
some length the act which provides Tor
the proceedings taken apd construed Its
provisions. He showed that the act gave
the Circuit Court the right aud ,oos power to
judge the appeal. The law of 1898. how
ever. he said. did not at all change the
essential features of proceedings so far
as he appeal Was concerned.
A greater part OF the opinion tollow-
ing was taken up in demonstrating the
proposition that ii the plan for crossing
set forth in the petition should be found,
upon the hearing or trial. more injuri-
ous or less reasonable in its interference
than some other mode of construction 1t
shonid be changed. and the court would
at once change it In justice TO the parties
ard IN order TO detsrmine where the just
CO ppensation should be.
ONE Road MAY CROSS ANoTHER.
] he doctriue that Que railroad company
may condemn the right to cross the lands
of another company was fully established
although those lands were necessary for
the railroad purposes of the latter COM
pany, In concluding, Judge Lippincott
says:-
"Takiug the objects of the act of 1898
iato consideration it is apparent that it
was framed in view of the judicial de.
cisons IN the state clearly dec laratory of
a power, which at the time already
existed, and restricting it within Lhe
bounds OF sound. reasonable aud proper
judicial discretion atnplyfyiug the power
OF the court to a trial of the case on
appeal. Justice between the parties and
the promotion in an equftable sense of
public purposes intended.
II cannot arrive at any other con-
clusion than that there exists power to
permit their amendment il it be reason
nble aud proper for the fair trial OF the
case within the limits Of Judicial dis
eretion and promotion of the best public
purposes. Upon the question whether
this IS Il reasonable and proper one TO be
male for the promotion OF the public
purpose of this condemnation l think
Z
has not been distinctly apparent that any
objection has been made to it upon this
ground.
"What may say about this matter Is
s.ii oaly for the purpose OF this applica-
lion and for its necessary determination.
lhave c arefully examined the plan set
forth in the petition for the appointment
OF the commissioners. and the plan now
proposed by she amendment Draved for
THE AMENDED PLAN BEST.
In connection with these I have also
examined the affidayits presented.
have listened carefully to the arguments
aud statements made by counsel, aud I
think it is clealy conceded here that the
ameuded plan is one which will the least
interfere with q reasonable enjoyment
aud exercise OF the franchise OF the com
pany, whtss lands are crossed. The
plan, it seems to me, is the one which
will best conserve the public use to
which boin roads are devoted
ard their enjoyment OF their franchise
will be little interfered with. The arch
construction Will leave the yard and
tracks of the company. whose lands are
crossed, almost In their present substan-
tial permanent state and upon nearly the
sa;, level they are now constructed or.
The crossing road will run entirely be-
meath, the crossed road will be entirely
above, and II understand the views of
Engineer Brooks before the commission
ers the amended plans here proposed are
substantially those which he would
adopt Tor the crossing. ana its advant-
aRes. / think. are already set forth in his
evidence. 1t understand bin Alright it
was bis opinion that the crossing should
be cons iucted substantially upon tae
plans proposed.
1.-The conclusion reached beyond con-
troversy is that the power is ample In the
court to permit this amendment, that it
will be reasonable ana proper for the fair
trial OF the case on appeal ana promotion
of the public purpose for which the con-
Cemnation is sought