Pennsylvania Act 1881-48 — SUPPLEMENTARY ACT, STREET RAILWAYS

Act text

A SUPPLEMENT

To an act, entitled "An act to provide for the incorporation, and for the government and regulation of street railway companies now incorporated or which may hereafter be incorporated, in cities of the second and third class, in this commonwealth," approved March nineteenth, one thousand eight hundred and seventy-nine, limiting the capital stock of said railway companies, authorizing them to consolidate with, use, lease or purchase other lines, to make connections or extensions, cross street passenger railroads at grade and cross bridges, other than steam railroad bridges, providing for assessment of damages for use and crossing railroads and bridges, and, with consent of councils, to change route.

Section 1. Be it enacted, &c., That any passenger railway company, incorporated under the act to which this is a supplement, shall have and is hereby granted power, by its officers and servants, to ascertain and define such route as they may deem expedient, over, upon and along any bridge or bridges, other than steam railroad bridges, on the route of such railway company, not however exceeding sufficient width for two tracks, to be laid down, on, over and along such bridge, and thereupon, on, over and along such bridge or bridges, to lay down, construct and establish a track or tracks for its use in the transaction of its business, and thereupon to use the same in its general business. This act shall include all bridges, other than steam railroad bridges, whether owned by bridge corporations or individuals, an approach to which is within the corporate limits of the city, within which the route or proposed route runs, and whether such bridge spans a stream or river navigable or otherwise, and also all bridges, other than steam railroad bridges, extending over any stream from cities of the second class to cities of the third class; and this act shall also include all bridges, other than steam railroad bridges, on which a track or tracks for a passenger railway company is or are now laid or used, and shall also include all passenger railways now in occupation or use of any such bridge or bridges: Provided, That before such passenger railway company shall enter upon and use any such bridge in the laying of tracks and use of the same or the use of tracks now laid upon any bridge, they shall make, or secure by a bond as hereinafter stated, ample compensation to the owner or owners thereof, for such occupation and use of said bridge.

Section 2. When said railway company cannot agree with the owner or owners of any such bridge for the compensation proper for the damage done, or likely to be done to, or sustained by such owner or owners of such bridge, by such occupation and use of said bridge, the court of common pleas of the proper county, on application thereto by petition, either by said railway company, or the owner or owners of said bridge, shall appoint three discreet freeholders of said county, neither of whom shall be interested in said railway company, or said bridge, as viewers, and appoint a time, not less than ten or more than twenty days, for said viewers to meet at said bridge, of which time and place five days' notice shall be given by the petitioner to the other party and to the viewers; and the said viewers, or any two of them, having been first duly sworn or affirmed faithfully, justly and impartially to decide, and true report to make, concerning all matters and things to be submitted to them, and in relation to which they are authorized to decide, and having viewed the said bridge, and considered the use and occupation thereof proposed by the said railway company, and having a due regard to and making just allowance for the advantages which may have resulted, or which may seem likely to result, to the owner or owners of said bridge, in consequence of the making and opening said railway, and of the construction of tracks connected therewith, and, having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether, and if any what amount of, damages has been or may be sustained by the owner or owners of such bridge, and to whom payable, and to make report thereof to the said court; and if any damages be awarded, and the report be confirmed by the court, judgment shall be entered thereon, and if the amount of such judgment with all costs be not paid within thirty days, execution may thereon issue, as in other cases of debt, for the sum so awarded, and the costs and expenses so incurred shall be paid by said railway company. Each viewer shall be entitled to one dollar and fifty cents for each day by him employed in the duties herein prescribed, and it shall be paid by the railway company. Either party may file exceptions to the viewers' report, and, if allowed, a new view shall be ordered.

Section 3. In all cases arising under this act, either party may, within thirty days after the confirmation of the viewers' report, appeal therefrom to the court of common pleas by which said viewers were appointed, and the same shall then be tried by such court and a jury, and after final judgment, either party may have a writ of error thereto from the supreme court, as in other cases.

Section 4. In all cases where the parties cannot agree upon the amount of damages so claimed, the railway company may tender a bond, with at least two sufficient sureties, to the owner or owners of said bridge, the condition of which shall be that the railway company will pay or cause to be paid, such amount of damages as the owner or owners of such bridge may be entitled to receive, after the same shall have been agreed upon by the parties, or assessed in the manner hereinbefore provided; and in case the owner or owners of such bridge, claiming damages, refuse and do not accept such bond, as tendered, the railway company shall then give to such owner or owners a written notice of the time when the same will be presented for filing and approval in court, and, at said time, the said railway company may present such bond to the court of common pleas of the county, and, if the bond and sureties are approved, the same shall be filed in court for the benefit of those interested, and recovery may be had thereon, for the amount of damages assessed, if the same cannot be made upon execution upon the judgment recovered; and upon the filing of such bond, the railway company are empowered to enter into the use and occupation of the bridge.

Section 5. That the passenger railway company may, if it deems proper, in its petition for the appointment of viewers to assess the damages incurred by its proposed use of such bridge as aforesaid which it desires to cross, pray that the damages, for such crossing and use of said bridge for the purpose of its road and business, shall be assessed, payable yearly, and thereupon the said viewers shall ascertain and determine:

First. What damages the owner or owners of the bridge will suffer, by reason of the laying down, over and across the bridge, the track or tracks of the railway company; and

Second. What damages the owner or owners of the bridge will suffer, by reason of the use, for one year, of the track or tracks by the railway company in its business; and the finding shall be distinct as to each. Thereupon the railway company may, by paying, or, before the final settlement of the amount to be paid, securing the same by bond as hereinbefore provided, the damages, both for the laying down of its track or tracks and for the use of the same for one year, having the right to lay down its track or tracks over and along the roadway of the bridge, and use the same for the purposes of its business for the next ensuing year; and the railway company, by paying to the owner or owners of the bridge, before the termination of the first year, the sum assessed as the damages for the use of the bridge for one year, shall be entitled to use the bridge for the ensuing year; and so on, from year to year, until the sum is changed on the petition of either party to court and proceedings by viewers as hereinbefore provided. This section shall include all bridges, other than steam railroad bridges, upon which a railway track or tracks are now laid, and also any street passenger railway company incorporated under the act to which this is a supplement, using any such bridge. The appointment of viewers, reports of viewers, action of the court and appeals therefrom, on proceedings under this section, shall conform to, and be regulated in, the manner prescribed in the preceding sections.

Section 6. Any company, now or hereafter incorporated under the provisions of the act to which this is a supplement, shall have the right to cross at grade, either at right angles or transversely, any street passenger railway that is now or may hereafter be built, and also to connect their railway with that of any other street passenger railway, now or hereafter constructed in any city of the second or third class, upon such terms and conditions as may be agreed upon between such companies; but if such companies cannot agree upon terms, then either company may present its petition to the court of common pleas of the proper county, setting forth the facts and its purpose to cross or connect such tracks, and praying the court to appoint viewers to assess the damages for such crossing or connection. Thereupon, the court shall appoint three disinterested persons as viewers, who, at a time to be fixed by the court, of which notice shall be given to the companies, shall view the point at which the tracks are to be crossed or connected, and, after hearing evidence, report what sum of money, if any, shall be paid for actual damages, by reason of such crossing or connection. This report the court may approve, or set aside and appoint new viewers, and from the decision court within ten days either side may appeal, and demand a jury trial; judgment shall be entered upon the report, if not appealed from, or on verdict when rendered, with the right of execution for damages and costs, with the same rights to a writ of error as now provided in similar cases. The company, proposing to cross or connect such tracks, may file a bond, with sureties to be approved by the court, conditioned to pay all damages assessed against it, and after filing said bond may proceed to cross or connect such tracks.

Section 7. Whenever the councils of any city of the second or third class shall have, in any ordinance granting rights of way to any street passenger railway company, reserved the right to grant to any other passenger railway company the privilege of using any portion of the tracks laid over the right of way so granted, upon payment of a proportionate share of the cost and maintenance of such tracks, and the councils have granted to one or more companies, under such reservation, the right to use the tracks so laid, and the companies interested cannot agree upon the sum to be paid for such use, either company may file its petition in the court of common pleas of the proper county for the appointment of viewers to ascertain the sum so to be paid, and the same be proceeded with to final judgment and execution in the manner provided for in the preceding section.

Section 8. The councils of any city of the second or third class may authorize a partial change of route, between the termini as fixed by the charter and articles of association of companies incorporated under the act to which this is a supplement, to any adjacent street or streets along the line of the route so fixed.

Section 9. Any company, incorporated under the act to which this is a supplement, shall have authority, with the consent of councils, to construct such extensions and branches as it may deem necessary to increase its business and accommodate travel.

Section 10. Companies, incorporated under the act to which this is a supplement, in operating their roads, shall have the right to the street, and any wilful obstruction to the passage of their cars on their way between stations shall be a misdemeanor, and punishable on conviction before any magistrate by a fine of not less than ten dollars for each offense, to be recovered as fines of like amount are now by law recoverable.

Section 11. Any two or more companies, incorporated under the act to which this is a supplement, may, with the consent of two-thirds of the stockholders in each, consolidate with each other into one corporation, under such name as may be agreed, upon filing a certificate to such effect in the office of the secretary of the commonwealth.

Section 12. The capital stock of passenger railway companies, incorporated under the act to which this is a supplement, shall in no case exceed thirty thousand dollars per mile of track.

Section 13. Passenger railway companies in cities of the second and third class are hereby empowered to purchase or lease the property and franchises of other passenger railway companies, whose track or route connects with the tract or route of the lessor company.

Section 14. All acts or parts of acts, conflicting with the provisions of this act, be and the same are hereby repealed.