New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-04


Below we give entire the elaborate and able opinion Of
Judge Mclean of the United States Circuit Court before
whom application made for injunction 10 resraia
the junction and Port Clinton Railroad Companies from
constructing Bridge Ssndusky Bay which decree
though denying the right to build such bridge to the June
ton Railroad confirms the right to the Port Clinton Read
thus leaving the latter Company free proceed the co.,
sructon of the bridge on the plan proposed.
We understand the Junction Railroad Company have
avaied themselves Of the privilege of that charter and WI
proceed to build the bridge.
The opinion is follows
Samuel Works Junction Railroad Company aud Pore
Clinton Railroad Company-ln the Circuit Court Of the
United Saies--The complainant citizen of New York,
states that he large amount of real estate at and
Fremont the Sandusky River in the County Of Ssndus
XIV State Of Ohio which comprises annery. half Of
Touring mill saw mill a store and warehouse. a wharf
and water 10, that the Sandusky River from Fremont 4
navgsbe for steamboats, schooners aud other vessels and
that commerce carried on from Fremont down the river
and bay different ports the Lakes that he has plank
road stock which pays profit by the transport alton Of
produce 10 and from Fremont that shipments are made a
-four and lumber from his mills, and leather from his sss-
/ merry, &c.
He represents that the defendants about constructing
Railroad from Sandusky City 10 Toledo crossing the San
dusky Bay by Bridge on line to Port Clinton in Oows
County that the bridge il made, will materially obsruot
the Commerce Of the hay 10 his individual and reparabs
injury and he prays for nuncon TO restrain the defen
danis from the construction OF their proposed Bridge
The junction Railroad Company answers that Il 10
engaged in building Railroad between Cleveland aud the
Msumee River connecting with Toledo and extending
rom that cty 10 the West line Of the State under various
Charters which authorize them 10 prosecute the work.
The Port Clinton Railroad Company demurs generally 10
the companants bill and answers denying the fraud and
collusi, with the junction Railroad charged in the bill
II denies that has any connection with the Junction Rail
road either TO aid receive aid from IL,
The navgabeness ofSandusky Bay above the proposed
bridge and also of the Sandusky River 10 Fremont Is adj
med by the parties and the peadngs The general Gov
eminent has recognized this fact by making Fremont o,
port Of entry and the State Ohio by sppropsng cads
nkgfr.t lin, b. 10 Irals
Has the plaintiff right to prosecute this suit IL the
proposed Bridge ha be obstruction, charged in the
bill il will be public nuisance. No individual
plain Of such structure unless his interests injurious
yafected by In such case is private nuisance to
him and if at common law he obtain adequate
edy he may seek relief by injunction
The compliments citizenship gives him right in ord
nary cases TO prosecute suit in this Court But TO main
tain this suit be must superadd private injury which r
remedable at Common Law. Has this been shown
think il has From the property owned by the complain
ant from different kinds Of business in which he Is
gagged appears that any material obstruction to the
mercal outlet from Fremont must DjurOusly affect his in
teress The product of his Mills his Wharf his grounds
on the River enhanced in value by unobstructed
commerce His Road stock is more or less affected by tho
transportation OF freight TO and from Fremont The injury
from the obstruction IL il be material affects directly the
articles shipped and indirectly tends to lessen the value OF
the operating through which those produced
acquired.
If such injury exist adequate remedy be found by
an action at law From the nature Of the injury it, extent
cannot be ascertained with precision II is permanent;
coneouenty the suits at for redress must be endlcs
In such case adequate relief found only in injunction
1t prevents the wrong To establish this wrong it need
not be measured by dollars and cents II must be shown 10
exist il be material but the particular amount OF
damage cannot and need not be shown mischief being
proved which cannot be redressed at common law
nected with the citizenship Of the plaintiff establishes his
right prima facie TO prosecute this suit.
The right 10 prosecute being shown or admitted, the
nature and extent of the nuisance may be examined Tho
extent of the commerce obsTucted may be proved and
also the dangers and probable losses TO which may he
subjected. rr.
The complainant having maintained his right 10 the
defendants are thrown upon Their defence.
1his they have attempted 10 make by giving In proof
her act incorporating fhe Junction Railroad Company"
with It's various amendments, and also the incorporation u
the Port Clinton Company.
The charter Of the Junction Railroad Company" was
Granted the I'd day Of March 1916
The second section authorizes il 10 construct Railroad
commencing at such point the Cleveland Columbus and
Cincinnati Railroad the Directors may select either in
the County of Cuyahoga or Lorain and within thirty miles
from Cleveand thence 20 Elya, IN Lorain County unless
the junction with the Cleveland and Columbus Road should
be made at Eyra and thence the most feasible route
10 ntersect the Mad River and Lake Erie Railroad at Belle
yue or at such other point the Directors shall choose,
and thence Lower Ssndnsky And the said corporation
shall power to construct the said Railroad branch
of the same from Eyrs TO Sandusky City androm thence
to Lower Sandusky
Cleveland by Ohio City, Elya, 20 sandusky City, and Is
now being constructed thence nearly straight line TO
Port Clinton crossing the Sandusky Bay and extending
the shortest 10 the Maunee This route is alleged to
be some eight nine miles shorter than any other.
ton Railroad Company authorized "to extend ia line
Of Railroad point the Maumee River with the
privilege OF Transporting goods and passengers transported
the Road Of said Companies across said river BY ferry
or otherwise the Directors thereof shall elect to the
City Of Toledo provided, the said Company shall In no
gays obsruct or hinder the navigation Of said river"
The sixteenth section Of the original Charter gave power
the Corporation 10 locate and construct branched roads
from the main route 10 other towns or places In the several
counties through which sad Road may pass And BY the
seventeenth section the Company authorized 10 com
meDce, complete and put in operation any part OF said
Road or any branch thereof aforesaid At any point the
route Of said Railroad which the interest Of the Company
rray require TO be first commenced and completed"
Tie DO nj where u junction Railroad 10
tine Cleveland, Columbus and Cincinnati Railroad was
le the discretion OF the Directors within the limitation
OF thirty miles from Cleveland The Road commenctd
at Ohio City near to Cleveland and to the Columbus Road.
bat not on H. Admitting this TO be within liberal con-
suction Of the Charter the Road extended by Eyrs
Amherst Vermi0n and Huron TO Sandusky City connect
ing with the Mad River Railroad at that point -
Instead Of extending the Road from Sandasky Cty 70
Fremont the last point named in the original cbaef 5sf-
vey has been made 20 the Bay few niles aoove
Sandusky CITY, on nearly straight line 30 Pcr Clnsoa ana
the Msunee River And this IS con,snaeu csnnos -
done under the original charter the first amendment
That amendment authorised the Company 10 extend ~
line of Railroad to some point on the harmee River
The extension Of line does not seem 70 ahtnorse dep
ture from the line al the middle or my oer part ex
~ o., no navoabIe water would have been crossed By
the Inc Of the load 10 the Maumee, except SAndusky
River That this was the direction the Legislature intended
to give the Road appears ny me words used ana a.o y
shorId not he obstrucfedthere being sach provision
for crossing the sAndusky bay <.,
II l. supposed that the branching power from the main
Road the sixteenth section, and authority
IN the seventeenth section 10 make and complies Any
bart Of said Road any branch thereof s the ComPs
nav direct authorised tie diversion Of the Road 70 re
Clinton. crossing the Sxndrsky Bay -