"1.
The Penn Street Pass. Ry. Co. was incorporated by act April
3, 1873, P.L. (1874) 346, with power to construct a single or
double track road on Penn street, in the city of Reading
from the Harrisburg bridge on the west to Nineteenth street
on the east.
"The
Reading City Passenger Railway Company was incorporated by
act, December 18, 1873, P.L. (1874), 463, with power to
occupy with its main tracks and specified branch tracks
certain other streets in said city. The former company was
subsequently merged in the latter, which, on March 16, 1893,
filed an acceptance of the provisions of the act May 14,
1889, P.L. 211, under section 20 thereof, received letters
patent, dated March 17, 1893, as provided therein, and on
April 1, 1893, leased its rights, privileges, property and
franchises for the period of 99 years to the Reading Traction
Company, incorporated March 9, 1893, under act March 22,
1887, P.L. 8.
"2.
On December 18, 1893, the directors of the Reading City
Passenger Railway Company, which then had a double track road
on Penn street, down to the foot of the eastern approach of
the Harrisburg bridge, nearly midway between Front and Second
streets, and a single track (unused and unprovided with
appliances necessary for the use of trolley cars) running up
said approach to the point where the iron structure of the
bridge begins, resolved to construct an 'extension,
beginning at the intersection of Front and Penn streets,
thence by double track, westward on the line of Penn street,
crossing the Harrisburg bridge to the western bank of the
Schuylkill river,' and authorized the officers of the
company to take all steps necessary to carry said resolution
into effect. A copy of the minutes reciting this action was,
on the same day, recorded in the office of the recorder of
this county, and an exemplification of said record filed
December 27, 1893, in the office of the secretary of the
commonwealth.
"3.
On the day last mentioned, the Reading City Passenger Railway
Company and the Reading Traction Company, and the then county
commissioners of the county of Berks, executed the following
instrument:
"Articles
of agreement made and entered into this twenty-seventh day of
December, A.D. one thousand eight hundred and ninety-three,
between the county of Berks, in the state of Pennsylvania, of
the first part, and the Reading City Passenger Railway
Company and the Reading Traction Company, corporations
existing under the laws of Pennsylvania and located in the
city of Reading, in the county of Berks, of the second part,
each party covenanting for itself, its successors and
assigns, with the other party, its successors and assigns.
"Whereas,
the public convenience requires the extension of street
railways beyond the limits of the city of Reading; and
"Whereas,
to reach the townships adjoining and lying to the west of the
city, it is necessary to cross the county bridge at the foot
of Penn street, known as the Harrisburg bridge; and,
"Whereas,
the parties of the second part are duly authorized to extend
their line on Penn street to the west bank of the Schuylkill
river;
"Now
therefore this agreement witnesseth: First. That the consent
and right to lay a double track of iron or steel rails upon
and across the said bridge and the approaches thereto, and to
string electric wires along the top of said bridge within the
spans thereof, and upon span wires to be supported by neat
wooden poles upon the eastern approach thereof, and by
ornamental wooden poles upon the western approach thereof, be
and are hereby granted by the county of Berks to the Reading
City Passenger Railway Company and the Reading Traction
Company, to be used by their cars, propelled by electricity
or any other motive power other than by locomotive.
"Second.
That the rails to be laid on said bridge shall be of the
standard tram bridge rail pattern, and the gauge thereof
shall be five feet two and one half inches.
"Third.
The cars of the parties of the second part shall not have the
right of way in crossing said bridge in preference to any
vehicle, animal or thing which may be rightfully upon the
same track or moving in the same direction, and shall not at
any time be propelled at a greater speed than at the rate of
four miles an hour, nor shall more than one car or train of
cars be upon the bridge at onetime.
"Fourth.
That nothing in this grant or contract contained shall be
construed or taken to obligate the county of Berks to
maintain said bridge for the use of the parties to whom this
grant is made, or for the purpose to which this contract
relates, nor to render the county liable for any injury to
person or property resulting directly or indirectly from the
use of said bridge for the purpose covered by this agreement.
"Fifth.
And in consideration of the grant aforesaid, the said Reading
City Passenger Railway Company and the Reading Traction
Company, or either of them, shall pay to the county of Berks
the sum of $600, annually, in quarterly payments of $150
each, said sum or sums to be applied to keeping the said
bridge in repair, the said payments to begin the first
quarter after the completion of the tracks upon said bridge,
and to continue as long as the cars of the said parties or
either of them shall run across or over the said bridge; and
the failure to run the cars thereon, for the convenience of
passengers, for any period of three consecutive months, shall
be taken as an abandonment of the line and a surrender of the
right herein granted, and this agreement shall thereupon
become void and of no effect.
"Sixth.
This grant to be void unless the right is exercised within
one year from the date hereof.
"In
witness whereof, the commissioners of the county of Berks
have hereunto set their hands and affixed the seal of the
county of Berks, and the presidents and secretaries of the
parties of the second part have hereunto set their hands and
affixed the corporate seals respectively of the Reading City
Passenger Railway Company and the Reading Traction Company on
the day and year first above written.
"4.
By resolution approved January 16, 1895, the councils of the
city of Reading consented to the extension of its tracks by
the Reading City Passenger Railway Company over said bridge,
the limits of said city extending to the western bank of the
Schuylkill river.
"5.
At a distance of about one block from the western extremity
of the Harrisburg bridge there is an unincorporated
settlement known as West Reading, containing 800 to 1000
inhabitants, a hat factory, grist mill, carriage factory,
several brick yards, stores, etc., and waterworks with about
150 consumers. Many of the employees in the industries
referred to reside in the city of Reading. The extension of a
railway from the said city to this settlement would be a
convenience to such employees as well as to the persons
residing in the settlement. The space intervening between the
same and the Harrisburg bridge consists, upon the one side of
the highway, of filled-up ground claimed by the P. & R.R.R.
Co., and upon the other bluff, known as Leinback's Hill,
of a solid mass of rock. [The extension of the Reading City
Passenger Railway Company's road to the western extremity
of the Harrisburg bridge only, can be of no material
advantage or service to the persons residing or laboring in
West Reading or points beyond.]
"6.
By letters patent, dated March 10, 1894, the Reading &
Womelsdorf Electric Railway Co. was incorporated, to
construct an electric railway from the western bank of the
Schuylkill river, at a point opposite the city of Reading,
where the Harrisburg bridge crosses the said river,
westwardly upon the Dauphin turnpike, passing through part of
West Reading and ending at Womelsdorf. Contracts for the
equipment and construction of said road by June 1, 1895, have
been made; if and when this road is constructed it is the
intention of the defendants to connect their tracks with the
same. [But as yet the consent of all of the local authorities
of not a single township through which the Reading &
Womelsdorf road must pass, has been obtained for its
construction.]
"7.
In April, 1894, the county commissioners being about to lay a
new floor upon the Harrisburg bridge, the president of the
Reading Traction Company, by letter of April 10, 1894,
addressed to the said commissioners, invited them to confer
with him concerning the kind of rail to be laid by the
company upon the bridge, the method of adjusting the same to
the new flooring, etc. [The commissioners made no response to
this letter, and a desire, orally expressed by said president
to one of the commissioners about the same time, to meet the
commissioners concerning the matters referred to, was
refused, with the statement that the commissioners had
nothing to do with the Traction Company and the latter had no
business on the bridge.]
"8.
During the night of November 28-29, 1894, the officers of the
defendant companies, knowing that the county repudiated the
agreement of December 27, 1893, and anticipating an attempt
on its part to apply for an injunction if they proceeded in
daytime, went with their employees upon Harrisburg bridge
with rails and appliances for laying them and...
