Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-09-14

l
one Of the most important ones that
have been rendered by the board. The
full text thereof is given herewith:
| STATE OF MAINE.
| In Board Of Railroad commissioners.
| Upon the foregoing petition notice
| having been given as ordered the
| B,lrd met at TIL. time and place men
| toned in said order. ana gave a hear
ing TO all parties interested.
| Mr.. F.. G. Ryder appeared for the pc
titioner.
! Messrs. Martin & Cook appeared for
| the Town of Kenduskcag.
This l.; a proceeding under Chaptc"
II. Section - Of the Revised Statutes.
The authority of the Railroad Com
| nissinI,rrs under this and similar stat :
utcs has been fully established by the
supreme Judicial Court in Maine Cen
tral Railroad Company VS.. Waterville
& Fairfield Railway Company. seth
lie. 32S.
rhc EDITION in this case comes from
| tho Bangor and Northerr Railroad
company, corporation the existence
Of which ihc Railroad Commissioners
| nav. no knowledge, but which for
the pun poses of this case we assume.
The Company claims 10 De the owner
of thu franchise ana property OF IL
lPenobscot Central Railway. which lat
lttr company was organized under the
/ general law in December, 1896: and
llavinG Il location fO: its railway
Through the town of KenduSkeag ami
i&long the highway and across the
Highway bridge over The kend dSk"ag
li.ivcr.
| The Bangor and Northern Railroad
COMPANY desires to erect a new high
lway br idee across said river. and petit
ItiOnS The Board Of Railroad Commits
lsiOn'r.' It. aproriion til" cypenS" nj
Isaid ridge between said railroad com
lEany and the town IF kenduSkeag.
| A brief history Of thu matter is
Unnecessary To make plain our decision.
! The PcnobScot Central Railway
ICnmplny was organized under the
lc-nerai law in Dec, inber 1896. Dur
ing the construction Of its road the
Railway Company petition"d the Rail
ifoad Commissioner 10 apportiUn TIN.
, Expense of repairing. renewing or re-
liuildiag the bri ise across the Ken
lduskrlg River. where the present con-
troversy arises.
on The 81 day Of August. A. d. 1893
the Railroad commissioners made n
deere. in relnti"n to tins bridge. as
follows:
"T.l" bridge across the kcnduSkeag
River in the Town of krniuSkrag shall
be replaced with Il new and subStan-
ltial bridge constructed by said railway
in the same manner. and in sccordancc
VIII the same plans as the bridge at
lSix Mile Falls. Sand bridge shall be
CONSTRUCTED ANA maintained ly said
railway free of expense to III" town:
rrnvid"d however, that said town shall
Jay SAID Railway the sum of six hun
Grd collars after said bridge shall
have 0een completed and accepted b..
lthis Beard
| on the 31St day of August a. d.
1898 the Perobscot Central Railway
COMPANY had constructed a bridge
across the river at this point. and il
Twas approved on that day by the Rail-
Iroad Commissioners. Afterwards. ac-
lcnrdiug to the decree. the town Of Ker-
dusk rag paid the railroad company the
sum of six hundred dollars.
Some time afterwards the bridge
Twas found not To b" high enough T.
take certain ears which were hauled
ever the PenobscOi Central Railway
/. from the elaine Central Railroad. and
ulthe managers of the P-nobscot Contra
Halfway Company raised the top later
lal braces abova the top chords BY
IImeans OF bookings to admit of higi
Hears passing undCr them. Probably
III this contributed To the instability o'
the trusses. and when 4 car or some
part OF its load. struck one of them
II they were Knocked over and the bridg,
ulfell.
III The railway company then built {
new but temporary bridge for both il;
ulown use and the use of the highway
ulwhich exists at. tho present time. I
III will MOI. however, be safe for use dur.
Hing the highway water Of another fal
and spring. and a new highway and
railroad bridge must necessarily b,
RECONSTRUCTED
The town of n ndusteag through il.
counsel docs not directly deny the au
l,hority of the Beard to.makc surh er.
rortionmcrt. but il claims that on,
such ?rpor uorment has been alrtad,
made. and that the decree OF thu Rail
read CO mn issioncrs put The rcbuiliin,
Hand culture maintenance of the bri,lc
u|lpon The Railroad Company.
III Counsel for the railroad cOmpan
cJaims. however. that the Penobsco
. Central Railway Company has parte
with its property by mortgag gee
foreclosure sale. and that the presen
company has acquired the property an
franchise under thar sale. and is nc
% liable Tor the debts. contracts or obi
cations Of the old company
Ii is undoubtedly true that under
t'nortglger's sale Of the property an
lirancnlse of railroad company tt
r purchaser generally takes the propert
II lcts,