The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1853-07-05
Railroad Crosslng

Judge Morris delivered a long opinion In the
Injunction case between the Northen Indiana
r. r and the Central Illinois r. r. Company,
involving the right to the crossing few miles
south of this city, at the place OF the late acc',
dent. The opinion cites many anihorities' ana
is the result Of much study and due conside-
ration. The Judge gives the complainants, the
Northern Indiana Company. everything they
could ask. ereept an injunction, and while no
seems TO be clear in tho opinion that the Gen.
tral Ccmp@ny have no right 10 their present
crossing, he is unwilling 10 grant any inJunc-
ton which will result in Inconvenience to tho
public and prejudice to the road. He rcgu'r-
ed therefore a stipulation from the defendants
that thew would select Commissioner to act
with Commissioner to- be chosen by the com
planants, and proceeded to have the plan and
manner of crossing settled and decided. and
in the mean time keep their trains out of tho
way OF the Northen Indiara ComI a','s at
tho present crossing. In case of neglect to do
fh;~ A. J-I~- :-..;---tsd ,is~s i'o ""uiu ordor
an Injunction upon proof Of such neglect
The I'l,nois Central r. r. Company filed the
following stipulation on Saturday afternoon:--
(Chicago Jour.
COOK CIRCUIT COURT.
Nor Ind and Chicago r. R. Co., :, c,.
Illinois Central r, r. Company.
The motion for an Injunction in the above
entitled case having been heard by Hon. B. 8.
Morris, Judge Of the Seventh Judicial Circuit,
at the suggestion of tho Court the proceedings
in the said cause are suspended until the fur
ther order of the Judge upon the defendants
into the following stipnations:
Ist. That said defendants will forthwith and
without unnecessary delay, take all such law
fu proceedings as may be necessary to ascer-
tain the compensation to be made TO said COM
plainants, and the points and manner in which
said defendants shall be allowed to cross tho
track Of the said complainants at the point
named in the bill of complainants fled herein,
in pursuance of section eleven Of the act in
cooperating said defendants, and without delay
prosecute such proceedings to final conc u
sion in accordance to the provisions of said
act. and that upon the determination of the
Commissioners tho said defendants will forth
with and without unnecessary delay comply
with any lawful decision and award Of SAID
Commissioners.
I'd. That until such final determination, or
the further order of said Judge, trains of cars
passing both ways upon the road of said de-
PENDANTS, shall keep out Of the way Of trains
passing upon the Northern Indiana and Chi
cago Railroad at the crossing mentioned in the
Bill, so that the trains passing upon the Nor
thern Indiana and Chicago r. r. shall at
all times have the road. and tho precedence in
crossing, which is to be exercised without any
unnecessary delay. and that each train passing
upon the Illinois Central Road shall come to q
full stop at said crossing. and send the conduc
tor or fireman on the track to SEQ that the
same is clear before proceeding. This regu-
lation 10 be in force on and after the 25th day
of June, A. d. 1853, all of which said defend
ants hereby stipula'e to do and perform.
Dated this 18th day of June. A. d. 1853.
M. BRAYMAN.
Solc. iii. G. r. r. Co.
BLACKWELL s. BEcKwrTH, Counsel.