Page:Federal Reporter, 1st Series, Volume 10.djvu/510

 498 FEDERAL REPOaTEK. �defendant is a corporation created by the laws of Texas, and is also constructing its railroad through McLennan county and into the city of Waco, having originally located its line so as to approach said Central Eailroad at a point some distance west of the point on the Central whare complainant's line intersected the Central ; that com- plainant's line crosses defendant's line at the distance of a little less than one mile from its intersection with the Central line, and from said point of crossing complainant's line, and defendant's line as originally located, gradually diverge from eaeh other as they respect- ively approach the Central Eailroad's line; that complainant and defendant were proceeding with the construction of their respective railroads on their respective lines as so originally located; that de- fendant failed to obtain the consent of the said Central road to have its railroad crossed at the point where defendant's line, as originally located and being constructed, would have crossed said Central road, and thereupon the defendant changed the location of its road so as to bring the same nearer to complainant's line, and to cross the Cen- tral at a point only a few feet west of the point at which complain- ant's line crosses said Central; that bysaid change of location, which «hange was made after complainant located its line, and had pro- cured its said right of way on said Norris land, and was engaged in the construction of its said tracks thereon, complainant was disap- pointed in its purpose of effecting its connection with said Central road by putting in a "Y" on the west of complainant's line, leaving the space on the west thereof to be occupied by the defendant's main and Connecting tracks; that, after some work had been done by de- fendant on its changed line, the defendant undertook, without first obtaining or asking complainant's consent, and without making, or oiiering to make, any compensation therefor to complainant, to cioss said complainant's main and side tracks, and right of way on said Norris land, and extend its (defendant's) line to a point of intersec- tion with said Central line east of complainant's line, and to return on the line of said Central's track and recross complainant's line, said last-named two crossings being not more than 290 feet, the one from the other, and making three crossings of complainant's main track and one of its side tracks within the space of one mile; that upon either side of its line the defendant can obtain as easy and practicable a route for its road, and space for its connections with said Central, without making either of said last-named crossings of complainant's line of main track and side track; that said last- named crossings are unnecessary, and could only be maintained at ��� �