Page:Federal Reporter, 1st Series, Volume 4.djvu/60

46 FEDEBAIi BEPOBTEB. �during the progress of construction, until the controversy arose as to the ownership of the middle section, and they may, therefore, be fairiy regarded as in a great measure in- ducing the expenditure of the large sum laid put by the Junc- tion Railroad in its line. Any other hypothesis must assume that the Junction Eailroad Company was willing to imperil the chief object of the enterprise, and the value of its invest- ment, by making itself entirely dependent upon the arbitrary ■will of the owner of the middle section for the profitable use and enjoyment of the two other sections of the line. �Ought the Pennsylvania Eailroad Company, then, to be per- mitted so to control the section of the road of which it is the proprietor as to exclude the Junction Eailroad Company from participation in its use as part of a continuons line ? I think not. It must be treated, in equity, as having agreed to such reasonable use of the section owned by it as is necessary to effectua te the common object of those wha furnished the means of constructing the Junction Eoad as a continuous line ; and, to that extent, to a modification of its proprietary •ights. It would certainly be unwarrantable in the Junction Company to exclude the Pennsylvania Railroad Company from the beneficiai use of the northern and southern sec- tions of the Junction Eoad, either by denying it altogether, or by imposing burdensome restrictions upon it. Why ought not a like measure of justice be meted out to the other interests associated with the Pennsylvania Company, in ref- erence to the middle section of the Junction Eoad, when it indueed these interesta to make large expenditures of money and ineur large liabilities, upon the faith that this middle section shonld constitute an indispensable constituent of a joint enterprise ? There is no just ground for any discrimina- tion. �While I am of opinion that the Junction Eailroad Company may have the right to employ its own motive power over the whole line between its termini, yet I think the operations of the road should be conducted with as little friction as possi- ble, and without any avoidable abridgment of the proprietary rights of the Pennsylvania Eailroad Company. The injunc- ����