Altoona & Philipsburg Connecting Railroad v. Beech Creek Railroad

Citations

• 177 Pa. 443
• 35 A. 734
• 1896 Pa. LEXIS 1004

Syllabus

<p>Railroads — Railroad connection — Act of April 4, 1868.</p> <p>The act of April 4,1868, P. L. 62, which permits a railroad company to connect its railroad with roads of a similar character, contemplates a mechanical connection with a road of similar gauge, so as to permit the running of cars from one road to the other.</p> <p>Railroads — Railroad connections — Act of April 4, 1868 — Province—Jury of view.</p> <p>Under the act of April 4,1868, the jury of view appointed to fix the terms upon which two railroads may be connected with qach other have authority only to pass upon matters relating to the physical connection of the two roads, such as the point at which one of the roads must be broken, what switches and sidings shall be constructed by the road seeking the connection, what watchmen or other employees shall be appointed to guard against danger, and which roads shall appoint and pay them. The jury has nothing to do with carrying out the purposes of the connection, and it is beyond its power to order one company to transfer to the other, whether with or without compensation, its lands, right of way, station, yards, water, joint control of part of its road, or other valuable property or franchises.</p> <p>Itailroads — Eminent domain — Prior grant.</p> <p>Every grant by the sovereign is upon the implied condition that it is not to be exercised to the injury of an older one.</p>