Ohio River Junction Railroad Company's Petition

Citations

• 219 Pa. 345
• 68 A. 830
• 1908 Pa. LEXIS 571

Syllabus

<p>Railroads — Connection between railroads — Contract.</p> <p>In a proceeding to fix and determine the terms and manner of a proposed connection between two railroads, it appeared that the complainant’s railroad was built by the respondent company as a side track of its own road, partly on its land and partly on a right of way furnished by a private firm for whose accommodation and at whose instance it was constructed. By the agreement under which it was built it was to be under the management and control of the respondent, and subject to removal at its option at any time upon sixty days’ notice. This notice was given. The complainant company acquired the rights of the private firm to the property in question, and procured a charter as a railroad under the Act of April 4, 1868, P. L. 62. Held, that as the respondent company having by its own act terminated the agreement, as it had a right to do under its terms, the contract was at an end, and the parties stood with respect to their rights in the same position as though the contract had never been made.</p> <p>Exceptions in proceedings to fix and determine the terms and manner of a proposed connection between two railroads are properly dismissed, where such exceptions are not based upon any facts proven or apparent in the case.</p>