72 Vt. 128 | Vt. | 1900
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 Butland Bailroad Company at Burlington, each having a
The commissioners thought that the establishment of a line along the line and lands of the petitionee, to and beyond the point of crossing the petitionee’s line, without uniting or connecting with it, over lands acquired by the petitionee and actually
The Court agreed with the commissioners, and held that the establishment of the line asked for would involve the acquisition of a right of way by exercise of the right of eminent domain, which was a matter not submitted to them and not within their jurisdiction; and recommitted the report, with instructions to proceed according to their commission, if the petitioner desired further action on their part.
Further action having been desired, the commissioners again heard the parties, when the petitioner offered evidence only for an under crossing at the point proposed by it, and claimed that the commissioners had no jurisdiction of any other question; while the petitionee claimed that they had jurisdiction of the whole matter, and that, in the circumstances, the petitioner should connect its road with the Butland road over the petitionee’s tracks, and that the petitioner should use the petitionee’s depot. The petitioner said it- did not withdraw all claim for a connection and for going through the petitionee’s yard, if the commissioners decided that they had jurisdiction of the whole matter. The commissioners did decide that they had jurisdiction of the whole subject of crossing, and in lieu thereof, of connections, and have awarded a crossing, as claimed by the petitioner, if the petitioner is entitled thereto without regard to the question of a connection by use of the tracks through the petitionee’s yard; but if they had jurisdiction of the whole matter, they award a connection and not a crossing.
The petitioner claims that the commissioners erred in deciding that they had jurisdiction to determine between an independent crossing and a joint use of the petitionee’s tracks, and contends that it has a right to an independent route, and asks therefor.
It is said in The Matter of the City of Buffalo, 68 N. Y., at page 175, that in order for the implication to arise from a general grant of power, the face of the act must show it, or it must appear from the application of it to the particular subject-matter that some special object sought to be attained by the exercise of the power granted cannot be attained in any other place nor in any other manner.
Applying these principles to the case in hand, the question presented is of easy solution. The petitioner’s charter authorizes it to construct, maintain, and operate a railroad for public use from some point in the City of Burlington on or near the railroad of the Butland Bailroad Company, to some convenient points on tñe Canada line and the New York line in the town of Alburgh without prescribing its course or direction. It gives it the right of eminent domain, and all the rights and privileges that the general law confers upon railroad companies and corporations to acquire title and possession of property covered by the location
Therefore their award, as far as it relates to the undergrade crossing, is disaffirmed, but in all other respects it is confirmed.
It not appearing that any fault of the petitionee’s necessitated the bringing of the petition, and the petitioner having failed in its main contention, let the petitionee recover its costs, and let the petitioner pay the-commissioners’fees.