The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-06

said store 40 ~ 10 interfere With exclude from the
BY the said plaint'fs Of he said street, m the orcnsy
and aceust6nsd manner al conducting and fAoihtsung
their ousness allowed BY ss and the ordinances ., the
MID Common Council respect 70 tbs said College place
proper provision for Ne removable and just eompsas
Non 70 the said plaint 10 the said Thomas Hope for
The said plaintiffs further complain and alsre that tSs
said railroad ssmpanss, the said Eighth Avenue Rail
road Company contrary 70 the provisions Of the said last
sion, consent authority OF the said Common Council
proceeded TO lay down double track through College
place. that they sush double track through
ths said street from The intersection Of Barclay
street with College place to and about fty feet
ssurs
connected with the wssery track In West Broadway and
continuation thereof but that the second track
they intended and the plaintiffs informed ana BE-
heye they design to connect with the eastsrly track
ON West broadway, continuation thereof they oom
70 al for hout fifty feet along the side u the planting
said store sd that the distance from said tsrnina
toI of the sail second or easterly track College place
10 III. tern of the eastery track Of the said reads
10 Wes y tho upper side Of Chambers street.
is about eighty And the said plaintiffs charge and
iDsist that the ssg Of the said double traek through
College Place wa cntary to the provisions true Intent
and meaning the said last mentioned resolutions Of the
Common Council In volaon Of the rights and privileges
Of the plaintiffs and Of al 0wpiog property, re-
siding or doing business College scs Of the citizens
havI occasion to the said street a. hars
sss 1 in n. d College
place il obstruction thereto and nubance. The said
further complain and state that in or about the
drsd anl Hftytwo the said the Common Couuci of the
city Of New York passed and adopted certain other
anbe snd resolution OF which the following copy
Whereas resolution has passed N. Common Council.
,iirosd co1p.nss their road .eross5
barclay vsssy stss. throush
ssnt termination ard whereas ths understanding
ahSgh not peefsd in Tho that said
s ". e.. s s
laid street ali other travel ar serious detr
nent the interests Of citizens generally and the
seems to DO very serious whether
there should 30 constructed single Or double trackthere
Resolved That the Street BE- and is hereby
srh the
n action % o.
single track only through said that DO
iesa ~ I
P sssra % p:ss%ssr 3 1852
The fsd Plaintiffs further complain and allege that
potwthsta ndirg the passing by the Common CouncD Of
said second easteIy track in College place. laid down
by the said defendants without authority Aforesaid
and that the said defendants, the said railroad
psries Of them, but which the said plaintiffs
unable to state with certainty, design and intend,
Cordng to reliable information received by the said plain
ths, and they verify believe to continue the said
double track through College place and to connect the
isia second or satsry track in College place with the
MES have constructed double track through the prem
ises rented procured by them Of them, between
Barcy and VeFey streets and opposite the termination
OF College place. mentioned in the resolutions OF the
Common Council first above at length rected That the
easerly track constructed through the said premises
is laid In such position and direction to with
the said second easterly lack College place, and
that the laying Of the said eastes track through the
faid premises would be useless and absurd unless with
view otbe connection Of the said second sasterly
track in College place with the eastey track 10 West
nation obtained by them and which they verify believe
complain and aege that the said railroad companies,
Of them in of their aforesaid intention
easer track Of the said roads in West Broad way have
employed mean and design TO employ workmen, and
cure materials for the purpose Of suddenly
ard speedily making such connection during the period
in which the courts in the city Of New York are not in
active session, and without sordng to the plaintiffs any
opportunity to check prevent them and when II sha
be difficult if not impracticable for the plaintiffs to pro-
the advice and assistance Of counse and to eek
protection and redress in court Of justice That the
connection Of the said eastery track in College place with
the easerly track in West Broadway with the at
the command Of the said railroad companies, be
readily accomplished in few hours 1T very early hour
in the morning. and when the courts are not sitting
And that unless prevented and restrained by the equtA
bic inter position Of this honorable court such connection
will be speedily made. to the great loss and detrment Of
the said PLAINTIFF The said plaintiffs further show that
the width of College place. from curb stone to curb stons
has been stated Is thirty two feet That the distance
from the curb stone Of the walk Of the plaintiffs said
20 tan 81 sns sS
psfnths store twenty FIVE feet two inches That the
te ssry track 40 laid dosn by the ad
authority Aforesaid is sixteen feet
ard that the width Of the space bwesn the outsrmos
rails the tracks is fourteen feet four inches That
the sad railroad track should be laid in the middle
said street. it may be required to be laid by the
said Csegs pise, the distancs between the curb sts
and the nearest rail win be only eight feet and inches
The lid plaintiffs further complain AID isgs that the
cars Of the Ead railroad project over the said
track from eighteen twenty two inches and that such
cars PASS and often, at least, every
two minutes during the day; that if the said railroad
eaery track through College place with their said
eastery track in West Broadway there would not be
space or Inc hor.ss nnd carts wagons or days ne9e
and which have been to and require
and which they CT right have used and required in their
faid bulness to back up stand and load unload
the said side their said store on College place whilst
passing; that the frequent passing OF the said
ears ana ,s me nesea o. Disturb
BY the said side Of the said store College place.
when bteking up loading unloading, would be dan
ed with the business Of the said plaute but 70
all other persons passing through the said street, and
that such ssng Of the sad cars on the said easer
would prevent the sad plaintiffs from using the side OF
their said store College place for the purpose taking
in and sending away the goods and comodi ss in which
they DEAL they Ct right authorized and entitled
the and that such extension OF tie said
ly track in College place. and i connection with the
eastelv track of the said railroad IN Wet Broadway
would work an immediate and permanent injury to the
said plaintiffs and 10 the freehold Of the the said plain
tiff Thomas Hope, snd would be q nuisance. The said
plaintiffs demand relief in the premises follows that ia
to sayThst by the order Of this honorable court the
raid defendants. their officers agents. assistants engi
neers surveyors mechanics and workmen and each and
every OF them be perpetHsly and forever enoined
and aimed from further building constructing.
laying down the eastery track OF railroad in College
place, in the city Of New York. heretofore laid down by
them, or some one Of them. aud from connecting the
with the eaery track Of the railroad of Sixth
Avenue Railroad Company, and Of the Eighth Avenue
RAead Company. in West Broadway, in the city Of New
Yoik. and from running upon the same.
And that the said plaintiffs may have such further or
other relief in the premises or b5h may be just and
agreeable 10 equity. ISAAC DAYTON.
Attorney for Plaintiffs.
City and county OF New York, ss:-Thomas Hope OF
the city o. Now York. being duly sworn doth dspose and
say that he Is OF the plaintiffs this action, and
that the foregoing complaint is true, of his know
ledge except to the matters which therein stated
the information belief Of the plaintiffs, and as to
those matters that he believes 1t to DO trne
9 No pr>