The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 46
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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FEDERAL REPORTER.
during the progress of construction, until the controversy
arose as to the ownership of the middle section, and they
may, therefore, be fairly regarded as in a great measure in-
ducing the expenditure of the large sum laid out by the Junc-
tion Railroad in its line. Any other hypothesis must assume
that the Junction Railroad Company was willing to imperil
the chief object of the enterprise, and the value of its invest-
ment, by making itself entirely dependent upon the arbitrary
will of the owner of the middle section for the profitable use
and enjoyment of the two other sections of the line.
Ought the Pennsylvania Railroad Company, then, to be per-
mitted so to control the section of the road of which it is the
proprietor as to exclude the Junction Railroad Company from
participation in its use as part of a continuous line ? I think
not. It must be treated, in equity, as having agreed to such
-reasonable use of the section owned by it as is necessary to
effectuate the common object of those who furnished the
means of constructing the Junction Road as a continuous
line; and, to that extent, to a modification of its proprietary
rights. It would certainly be unwarrantable in the Junction
Company to exclude the Pennsylvania Railroad Company
from the beneficial use of the northern and southern sec-
tions of the Junction Road, either by denying it altogether,
or by imposing burdensome restrictions upon it. Why
ought not a like measure of justice be meted out to the other
interests associated with the Pennsylvania Company, in ref-
erence to the middle section of the Junction Road, when it
induced these interests to make large expenditures of money
and incur large liabilities, upon the faith that this middle
section should constitute an indispensable constituent of a
joint enterprise ? There is no just ground for any discrimina-
tion.
While I am of opinion that the Junction Railroad Company
may have the right to employ its own motive power over the
whole line between its termini, yet I think the operations of
the road should be conducted with as little friction as possi-
ble, and without any avoidable abridgment of the proprietary
rights of the Pennsylvania Railroad Company. The injunc-
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/60/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.