cENTBAL TRUST co. v. WABASH, sT. L. & P. BY. 00. 7
bonds in similar proceedings may be given to the state, and sued upon
by any person entitled to the benefit of them.
Mr. Priest. There is no such provision in our law.
Treat, J. You can make it to the clerk of the court.
` Brewer, J. Conditioned for the payment of all damages which may
accrue to any person interested by reason of crossings, etc.
Treat, J. I would like to have it a little more definite in reference "
to this preference of right of way. Perhaps all railroad men know
what it means. Certainly it does not mean that the Wabash can
leave a whole train to stand indefinitely on the crossing, so that the .
train of the other road cannot cross. I should like to have it a little
more precise on that point. V
Mr. Priest. I think we understand the order and the spirit in which
it is intended. .
Mr. Hitchcock. It is a thing understood among railroad men that
where trains approach a crossing, and the question is raised which
shall stop, that the older company shall have the right to. go over first.
Treat, J. Well, you can prepare the order in that form.
Mr. Priest. There will be no disagreement about that matter.
Treat, J. The only thing is to exclude a conclusion. .
Mr. Priest. I wish to suggest, in case the intervenor. should want
to appropriate that part of the property not expressed in the dedica-
tion which constitutes, properly, tlie right of way of the Wabash
Company, that the bond ought to be increased. The Ending of the
master only goes to the extent of this piece of property on which he
has reported, viz., the crossings and the depot property, and does not
include property lying on North Market street.
Brewer, J. We have no data to estimate that. ·
Mr. Priest. There was testimony in regard to the measure of dam-
ages.
Mr. Hitchcock. That was reserved by consent of all parties. That
matter can go back. We do not think we shall want to use that.
Brewer, J. Perhaps you should send that back to the master.
Mr. Hitchcock. I suggest the conhrmation of the report be accom-
panied with an order that the matter be referred to the master for fur-
ther consideration, with leave to the intervenor to apply for a refer-
ence to the master in the event it is desired to construct tracks on that
land.
Mr. Priest. I suggest that all difficulties of that sort can be obvi- '
ated by increasing the bond to $7 5,000.
Brewer, J. We do not think there is any occasion for that. It is`
pretty large, anyhow, and that would be increasing it upon a mere
possibility. If they do not want to occupy it, there will be no use of
speculating as to damages.
(December 11, 1885.)
Counsel for intervenors stated that he had prepared and was ready
to submit an order in accordance with the finding of the court ren-