Page:Federal Reporter, 1st Series, Volume 4.djvu/56

 42 FEDERAL REPORTER. �ing a portion of the line known as the Junction Eailroad, and denying that there was any duty or liability on the part of the Junction Eailroad Comj)any to transport freight or pas- sengers over such section. �The pleadings and affidavits disclosed the following facts : The Pennsylvania, the Philadelphia & Eeading, and the Philadelphia, Wilmington & Baltimore Eailroad Companies operated respectively three Unes of railroad, terminating in the city of Philadelphia, east of the Schuylkill river. In the year 1860 a charter was obtained from the legislature for a corporation to be known as the Junction Eailroad Company, with power to build a road on the west bank of the Schuyl- kill river, from a point on the Philadelphia & Eeading Eail- road to a point on the Pennsylvania Eailroad, and from thence to a point on the Philadelphia, Wilmington & Baltimore Eailroad, thus Connecting those three roads, and allowing an interchange of freight and passengers without a transfer througb the populous parts of the city. Under this charter and various supplements the road was built, and bonds to the extent of 1800,000, secured by mortgages covering the entire line of road, were issued to defray the cost. With the excep- tion of a few shares held by individuals, the stock of the com- pany was ail taken and held by the three raih-oads above named. During the construction of the road the president, secretary, and chief engineer of the company were officers of the Pennyslvania Eailroad Company. In constructing the Junction Eailroad a portion of its middle section was built npon ground owned by the Pennsylvania Eailroad. In the year 1866 a dispute arose between the Junction Eailroad and the Pennsylvania Eailroad as to the ownership of this portion of the road, the latter company claiming that it had con- structed this portion of the road at its own expense, and was the sole owner thereof. This dispute was terminated by a decision of the supreme court of Pennsylvania (Pennsylvania R. Co.'s Appeal, 80 Pa. St. 265) that this portion of the road was the property of the Pennsylvania Eailroad Company, without prejudice, however, to the right of the Junction Eail- road Company "to assert either at law or in eguity any right ����