Pittsburg, Shawmut & Northern Railroad v. Keating & Smethport Railroad

Citations

• 233 Pa. 71
• 81 A. 935
• 1911 Pa. LEXIS 466

Syllabus

<p>Railroads — Crossing agreement — Gauge—Additional tracks — Acts of April 4, 1868, P. L. 68, May 18, 1876, P. L. 157, and March 18, 1875, P. L. 88.</p> <p>1. Where a railroad company permits another railroad company to cross its tracks, but reserves to itself the right to lay additional tracks from time to time across the tracks of the other railroad, it may thereafter lay an additional track at the crossing in question so as to secure a standard gauge in addition to the narrow gauge of its original construction.</p> <p>2. Where the charter of a railroad company incorporated in 1880, shows that the road did not exceed fifteen miles in length and also shows a subscription of $2,000 per mile and payment of ten per cent thereof, it will be presumed that the railroad company was organized under the general railroad Act of April 4, 1868, P. L. 62, as amended by the Act of May 13,1876, P. L. 157, and not under the Act of March 1-8, 1875, P. L. 28, relating to narrow gauge railroads, although the railroad was actually built with a gauge of only three feet.</p> <p>. 3. There is nothing in the acts of 1868 and 1876, which requires the gauge of a railroad to be stated in the certificate of incorporation, and if a gauge is stated, it may be treated as surplusage.</p> <p>4. Irregularities in the legal reorganization of a railroad company cannot be attacked in a collateral proceeding, such as a suit between two railroad companies as to a crossing at grade.</p>