Nat'l Docks & N. J. J. C. Ry. Co. v. Pa. R. R.

• Decision Date: 22 January 1896
• Citation: 54 N.J.E. 142,33 A. 860
• Parties: NATIONAL DOCKS & N. J. J. C. RY. CO. v. PENNSYLVANIA R. R. et al.
• Court: New Jersey Court of Chancery

33 A. 860

54 N.J.E. 142

NATIONAL DOCKS & N. J. J. C. RY. CO.

v. PENNSYLVANIA R. R. et al.

Court of Chancery of New Jersey.

Jan. 22, 1896.

Bill by National Docks & New Jersey Junction Connecting Railway Company against the Pennsylvania Railroad and others to enjoin defendants from interfering with its construction of a passage for its road across the route of defendants. Decree for complainant.

The bill is filed by the National Docks & New Jersey Junction Connecting Railway Company to procure an injunction restraining the Pennsylvania Railroad Company and the United New Jersey Railroad & Canal Company, from obstructing the complainant in its work of constructing a passage for a railroad across the route of the defendants, according to a certain plan of crossing annexed to the bill, and from placing and maintaining cars upon certain tracks in the yard of the defendants in such manner as to prevent the cutting of those tracks. The cutting of the tracks mentioned is involved in the plan of crossing adopted by the complainant. This plan was adopted by the complainant in the trial of the appeal from the report of the commissioners in the proceedings for condemnation of the right to cross the yard of the defendants. The locality where the road of the complainant proposes to cross that of the defendants is a yard known as the "Waldo Avenue Yard." This yard is a short distance from the elevated terminal station of the defendants at Jersey City. It has been operated as presently used for about five years. The locality was originally an elevated tract of land, with an irregular surface, lying on the north side of a street known as "Railroad Avenue." This surface, by excavation and by filling, was brought to a grade requisite for its use in connection with the main tracks of the defendants, as those tracks were placed upon the elevated iron structure which now supports them and the terminal station. The surface of this yard is covered with a network of tracks, and these tracks are connected with the terminal passenger station by two other tracks. The yard is used for the purpose of distributing the cars of the trains arriving at Jersey City. When a train reaches the terminal station and discharges its passengers, it is seized by a yard engine, and drawn up to this yard. The train is then broken up, its several cars are put upon different tracks in the yard, where, with other cars already there or to be placed there, they, by new combinations, form new departing trains. The cars are there cleaned, the air brakes tested by compressed air produced in a boiler house and carried by pipes through the yard. The cars are there tested and heated with steam generated in boilers and carried by pipes along the southerly tracks in the yard. The cars are there watered, viz. with drinking water from pipes, running from a reservoir through the yard. The train, when so prepared, is, when needed, pushed into the terminal station, ready for its departure. It is thus perceived that a yard of this character somewhere in the vicinity of the terminal yard (the terminal yard admittedly not having the capacity for this work) is an indispensable feature in the operation of defendants' road. As already observed, across the property of the Pennsylvania Railroad Company, upon which this yard is placed, the complainant claims that It has condemned a route for itself. Over this route of crossing so condemned there are now in place, and used by the defendants, a large number of tracks; the three most northerly being those over which the passenger traffic of the Pennsylvania Railroad Company passes to and from the terminal station, and the next southerly being the westbound engine track leading to the roundhouse located within the yard; then a short distance to the south of these there is the east-bound engine track, leading from the roundhouse to the terminal station; then there are two short tracks leading to the coaling platform. To the south of these tracks, and at some distance from them, is the first of a series of 21 tracks used for the purposes already indicated. These 21 tracks are located side by side, as closely as they can be operated, and with no space to the north or south of the group to which the northerly or southerly tracks can be shifted. The manner of crossing the defendants' property upon which these tracks are placed, as proposed by the complainant, involves the permanent elevation of these tracks at the point of crossing. The elevation of track No. 1, the extreme southerly track, above its present position, is to be 16 inches. The extent of the elevation diminishes slightly for each until the northerly track is reached, when it will be raised about 7 inches above its present position. The plan of crossing proposed also involves the disuse of 3 of the 21 tracks during the time required to complete the structure which the crossing company proposes to build. Stated in detail, the method of the proposed crossing declared by the complainant is this: The complainant will excavate across the yard a trench 54 feet in width, upon each side of which a wall is to be built, and resting upon these an arch was to be sprung, upon which the tracks of the Pennsylvania Railroad Company are to be supported. The crown of this arch will be on such a grade as to compel the elevation of these tracks in the manner and to the extent just indicated. The method by which this work is to be executed was declared at the trial of the appeal from the award of the commissioners, and upon this declaration the damages were measured. The connecting company declared that they will begin the work of excavation and construction of the arch at the southerly side of the yard, and will progress with the same in sections northerly from the point of beginning. They declared that the connecting company will remove from their right of way the three southerly yard tracks of the Pennsylvania Railroad, being tracks Nos. 1, 2, and 3, upon the commencement of their work, and thereafter will keep open, during the progress of their work across said yard tracks, three of the yard tracks of the said Pennsylvania Railroad crossing the route of the connecting company, which tracks shall be adjacent to each other; and the connecting company will complete their arch in sections, so that when yard tracks of the Pennsylvania Railroad Company in excess of three in number shall be removed from the route in the course of construction, an opportunity should be afforded concurrently therewith to the Pennsylvania Railroad Company to relay and restore to use a like number of those previously removed across the completed section of the arch; so that said Pennsylvania Railroad Company, during the contruction of said arch, may at all times have the opportunity to maintain and use all the yard tracks except three. It was further declared that the connecting company will support the sides and the north end of each section of their excavation, and for the further protection of the yard tracks next north of and adjacent to each section excavated will, upon beginning excavation in such section, place stringers under such track across the route of the connecting company, commencing with yard track No. 4, and when that track is taken up will shift the stringers to the track crossing the route next north of the second section excavated, and so on across the yard; such stringers to be placed in the manner usual in such construction, and so that trains may be run over the track, until such tracks may be removed by the connecting company as above set forth; which stringers shall be placed under each track in such manner as to leave it substantially at the elevation at which it may be found at the time the stringers are put in place. It further declared that the connecting company will locate the northerly line of the most northerly section but one of their excavation at least 16 feet southwesterly from the nearest point of the southwesterly rail of the west-bound engine track, so that the east-bound engine track may be operated over the side space left between the excavation and the west-bound engine track; the center line of the east-bound engine track to be located not more than 14 feet distant from the center line of the west-bound engine track across the route of the connecting company during the progress of the excavation in said section. And the connecting company will not remove said east-bound engine track from said location until the arch shall be constructed so far northerly that the east-bound engine track can be shifted and used by the owners across the completed part of the arch, if they desire so to do.

The complainant has already prosecuted its work nearly to the line of track No. 1, and has made an excavation for the foundation. The bill charges that after notice to the defendants that track No. 1 would soon be required to be cut, its superintendent replied that he was instructed to protect their possession of all tracks in the Waldo avenue yard; and its attorney replied that they intended to maintain their tracks at all hazards. This is not denied. It appears also that at that time there were cars standing on tracks Nos. 1, 2, and 3, none of which were removed, save temporarily, to be replaced by other cars; that defendants caused a large number of gondola cars, containing ashes and cinders and other refuse to be thrown upon the slope and upon the workmen engaged in the excavation below, and that on the next day they brought a number of cars loaded with stones, which stones were disposed of in the same manner. The prayer of the bill is that the defendants may be enjoined from obstructing the complainant in its construction of its railroad upon the plan and in the manner stated, and from placing and maintaining any cars within the route upon tracks Nos. 1, 2, and 3, until complainant shall have completed its arch across said tracks; and from maintaining cars or other obstructions upon...