219 Pa. 345 | Pa. | 1908
Opinion by
This was a proceeding begun by petition of the Ohio River Junction Railroad Company, a corporation chartered under the railroad law of 1868, and operating a line of railroad extending from a point in the township of New Sewickley, in the county of Beaver, to the tracks of the Pittsburg, Port Wayne & Chicago Railway Company, in the township of Economy, in the same county., for the appointment of viewers to fix and determine the terms and manner of a proposed connection of the former with the latter road. The answer filed to this petition by the Pittsburg, Fort Wayne & Chicago Railway Company and the Pennsylvania Company, lessee, controverted nothing set out in the petition as matter of fact. It denied the plaintiff’s right to make the proposed connection,- without stating on what grounds the denial was made, and denied also the jurisdiction of the court to appoint viewers for the purpose set out in the petition. Everything necessary to establish a prima facie right in the petitioner was distinctly averred in the petition, and the answer raised no issue of fact. Yiewers were appointed by the court and reported in favor of a connection to be made in accordance with a plan attached to the report. Exceptions were filed to the report and evidence taken. This appeal is from the confirmation of the report of the viewers. A number of the original exceptions seem to have been abandoned, and the assignments of error, though five in number, present but a single question for consideration here. They may have been intended to embrace more, but that is impossible in view of the state of the record. To explain this a fuller statement of facts is required. By the report of the viewers the connection allowed is “ the one already made.” That comes about in this way. In 1884 an agreement was entered into between the Pennsylvania Company, lessee, and the Messrs. Park, who were operating a firebrick plant a short distance from the line of the railroad, whereby the latter secured for their own use, in connection