Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-28
PETITION DENIED.
Important Decision of Railroad
Commission Rendered.
Petition Is on Somerset, Franklin &
Kennebec Railroad Co.
Asking Tor Permit to Run Through Main
Central Yard at Pennington.

yesterday, made public its decision
| dismissing the petition of the Franklin
Somerset & Kennebec Railroad Co.
for physical connection with the
tracks of the Sandy River road al
Pennington, thereby changing the ter
minus of the road of the petitioners
and location north of and through the
Maine Central station grounds. In
some respects this decision is regarded
as the most important ever handed
down by the board. dealing as it does
with many intricate points of the rail-
, road law. The report in full follows:
Upon the foregoing petition, notice
having been given as ordered. the
Board met at the time and place men
toned in said order.
Mr.. II. NJ. Heath and Mr.. p. IL.
Stubs appeared for the petitioning
company.
Mr.. Seth NJ. Carter and Mr.. S. c.
Perry appeared for the Maine Central
Railroad.
Mr.. l.. c. Cornish and Mr.. F. f.
Timberlake appeared for the Sandy
River Railroad.
The matter was then continued I'M
til the 18th day of June, y. d. 1901, at
the office of the Railroad Commission
ers in Augusta, where the hearing
was concluded.
This is a petition Of the Franklin.
Somerset & kennebec Railroad Com
pany asking the Railroad Commission
ers to allow the company to change its
terminus and location at Pennington
north of and through the Maine Cen
20 q Ct ,rr..nnIc q
to make physical connection" with
the Sandy River Railroad.
Section 127 of chapter 81, of the X. s.,
provides that railroads intersecting or
crossing at grade shall be deemed for
all business purposes, connecting rail
roads.
Section 129 provides that every rail
road doing business in the State shall
receive, forward and deliver to every
connecting railroad, without discrlini-
nation, all passengers, freight, ana
merchandise, with equal facilities and
dispatch, and shall transport the same
at rates of fare and freight as favor
able as at the time are established,
made or allowed for the passengers.
freight and merchandise transported
over us TOitl Only, vi itttiNtti II olii, VI
destined to any other railroad.
Section 40, provides that "A corpora
ton owning q railroad on which cars
run, shall on request, at rearonable
times, and for n toll not exceeding its
ordinary rates. draw over its road the
cars OF any other railroad connecting
with it. When it neslects, the corpora
ton owning the connecting road may
draw it's cars over such road with It's
own engines during such neglect, sub
ject, while on such road. TO its regula-
tons for the management of its own
trains.
The corporation owning the connect
ing road shall furnish it's own stations
at the termini of the other road. ana
be liable for all injuries occasioned by
such drawing of its cars from when
the other corporation is exempted.
1t is therefore the purpose of the pc
titioning company to change its loca-
ton and terminus so as to connect its
tracks with the tracks of the Sandy
River Railroad. in order to become Il
connecting road with the latter COM
pany. within the meaning or THESE
statutes. both being narrow gauge
roauS. lntSt StdtuttS w nv .'>~''-
be applicable to the Maine Centrai
Railroad. that being Il standard guase
road.
To fully understand the contention
of the several corporations through
their counsel, a brief history of the To-
cations at the Pennington yard is nee
esSary.
| The. old Afdroscoggin Railroad Com
papy had its first terminus at west
Pennington In 1870 the road was eN-
tended to Pennington village, and the
land NOW used for station grounds by
the, Maine Central Railroad Company
was taken by condemnation procee"
ings before the Railroad Commissions
ers. under the statutes then existiiis'
as is admitted by all the parties 70
| this proceeding.
In 1879 the Sandy River mario"
pauee railroad was built; running
north from Pennington to Phiinps.
It's Pennington terminus was JUST
north of the Maine Central yard.
There was not land enough north OF
the Maine Central yard for station
n,,rnoses for the Sandy River Railroad
and the latter road has by parole
| agreement DtNNCCii ehN ~"
| laid its tracks into the station GROUNDS
| If the Maine Central Railroad, TOT the
| n,,rpose. of transferring freight anu
| messengers between the two railIoaua
| and FOR a furntable for the SANDY
River Railroad.
The Maine Central Railroad to'n
many has used the yard of the SANDY
River Railroad north of It's s'a"o'
grounds. for transferring other anu
heavy freight between the TWO roa"
| Tbase conditions between the TWO COM
NAMES have ever since existed anu
stiu exist at the Farmington stapo"
In 1897 the legislature of this STATE ns
nr;vate and special laws, chapter 4o'
incorporated the Franklin, So'heiSe
g. Kennebec Railroad Co. VII" '"'
| light to LAY out. build, own EQUIP
construct and operate line OF RAJ,
wav commencing at a point III ihe w
,aee corporation of Farmingtoh, at ~
wear the terminal track of the oanu.
piver and Maine Central Rai'i ga
Companies. in SAID Cha,on
through Pennington, New ohaiu'
Mercer. Rome, Smithfield. bels' au.
O.k1and and Waterville, to SOM
noint in the city of Waterville' county
of Kennebec. oyo5
This charter has been twice renew
and IS still in force. At tne IN.
when the charter was granted u! -,