Rutland-Canadian R. Co. v. Cent. Vt. Ry. Co.

• Decision Date: 20 February 1900
• Citation: 72 Vt. 128,47 A. 399
• Parties: RUTLAND-CANADIAN R. CO. v. CENTRAL VERMONT RY. CO.
• Court: Vermont Supreme Court

47 A. 399

72 Vt. 128

RUTLAND-CANADIAN R. CO.

v. CENTRAL VERMONT RY. CO.

Supreme Court of Vermont. Chittenden.

Feb. 20, 1900.

Petition by the Rutland-Canadian Railroad Company to condemn a right of way through and across the tracks and yards of the Central Vermont Railway Company at Burlington. Petition denied.

This case came before the supreme court at the January term, 1900, on the question of the confirmation of an award of commissioners filed November 7, 1899. The commissioners decided that they had jurisdiction over the whole subject of crossing, and in lieu thereof of connections, and, among other things, reported as follows: "If the commission has jurisdiction over the whole matter, we find and decide that in view of the convenience of the public in connection with the joint interchange of through and the more convenient handling of local traffic, and of the inconvenience and danger to the public in consequence of the proposed and necessary street crossing at grade on College street between the city of Burlington and the freight and passenger stations of the Central Vermont Railway Company and steamboat docks, the interests of the public, as well as the interests of both parties to the controversy, will be best served by a connection with, and by a joint use of, tracks and station of the defendant; the connection to be made by single track, to be constructed by and at the expense of the Rutland-Canadian Railroad, from the point where their line enters upon the lands of the Central Vermont on the north across the side track of the Standard Oil Company, which shall be properly protected with signals, and continuing southward between the main track of the Central Vermont and the track to the west thereof to a point on their main line near the engine house as now located, where connection will be made with the two tracks to be provided by the Central Vermont, and maintained and operated as a double-track system for both roads to and through the Central Vermont station, to a connection with the Rutland road at the south side of College street, to be operated under conditions and in manner to be hereafter described."

Argued before TAFT, C. J., and ROWELL, TYLER, MUNSON, START, THOMPSON, and WATSON, JJ.

Frederick H. Button, for petitioner.

Chas. M. Wilds, for petitionee.

ROWELL, J. The petition alleges that it is necessary for the petitioner's railroad to cross the petitionee's railroad, grounds, and property at Burlington, with necessary tracks, turnouts, sidings, switches, and other conveniences, and prays for the appointment of commissioners to fix upon the manner of such crossings and connections, and the amount of compensation to be made therefor." Commissioners were appointed, and reported to a special term of this court appointed for that purpose. By their report it appears that the road of the petitionee connects with that of the Rutland Railroad Company at Burlington, each having a railroad yard at its end adjoining that of the other; that the road of the petitioner will reach the yard of the petitionee on the west side of its main track at the north end of its yard; that, by connections with the tracks of the petitionee, it could reach the tracks and yard of the Rutland road, and make a through connection with that road, and traffic connections with the road of the petitionee; that the petitioner disclaimed any desire to connect with the tracks of the petitionee, or with the Rutland road by the tracks and yard of the petitionee, but claimed the right to cross with tracks under the main track of the petitionee at the north end of its yard, and to connect with the Rutland road by tracks along the east side of, and avoiding, the main tracks of the petitionee, according to a location submitted; that that line would cross the lands and one side track of the petitionee for a considerable distance, and thence, after crossing the roadway of the petitionee under the tracks of its main line, run on the grounds of the petitionee along its main line about 1,200 feet in a cut to be made of a depth sufficient to permit such crossing under, and would then cross the ground whereon the engine house of the petitionee stands, and tracks leading to it lie, passing through said engine house, and thence along Lake street, which was laid as a public highway over lands of the petitionee, and along and across which the petitionee has side tracks, some of which would have to be removed, and others crossed, to College street, and thence over other lands, to the yard and tracks of the Rutland road, independently of, and without uniting or connecting in operation with, the...