The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-02

Mr. Van Buren, then proceeded to address himself
to that point and was followed in reply by DIR.
O'Conor and Mr.. Field. ExChief Judge Bronson
closed for the plaintiffs, and Mr. Field was permitted
to file affidavits in answer to those Of Mr.. Hilton.
The matter was then adjourned to Saturday next,
when the sentence OF the Court will be announced.
An Opinion
OF THE EMINENT CIVIL ENGINEER, JOHN B. JERvIs,
ESQ.,, ADVERSE TO THE PROJECT OF RAILROAD IN
BROADWAY.
New YORK, Feb. 49, 1853.
DEAR SIR have given such consideration to the
request you made on behalf of the committee engaged
in examining the question of the proposed railway in
Broadway as the limited time have ut command
would enable me to do.
railway in public street must be regarded as
an interference, and injurious to the occupation Of
the street for ordinary vehicles. The injury will be
proport0ned to the magnitude OF the ordinary traffc
and the proportion of width occupied by the rail-
way. A small traffic in wide street would expert
ence little injury but this would of course increase
with the increase of ordinary traffic, the comparative
narrowness of the street and the frequency OF run
ming railway cars The causes Of this Inconvenience
are obvious The cars must occupy certain part OF
the street. They cannot turn out for ordinary vehi-
cles which must get round past them best they
can. The rail requires groove that is unfavorabe
for ordinary vehicles even in the improved consrc-
ton.
The case proposed is for railway on one of the
greatest city thoroughfares in the world, probably
not surpassed by more than one. The project must
be regarded as an experiment, and the consequences
involved are very important.
do not know the exact width of Broadway be-
tween the curbstOnes, but suppose It varies in width
of carriageway from, probably, thiry-hve to forty
feet. 1t cannot, think vary materially from this.
The ordinary of this street. other than for stages,
is for various vehicles employed in the traffic OF
goods and passengers. 1t is commercial street,
mostly devoted to the retail trade. In its business
vehicles must often stop at the Sides discharge and
receive goods and passengers. This occupies por-
ton Of the carriageway, and compels those passing
to occupy the more central portion. II the most
general width OF the carriageway be taken at thirty
eight feet, it will not, probably, be found far from
the truth. The cars Of the Sixth avenue railway
are about seven feet wide, which is probably as
narrow as would accommodate large traffic. Two
tracks are indispensable to such business as con-
templated for the proposed railway. The cars
must have some space between them, and seven and
half feet will be little can be taken on each
side of the centre OF standing
this is for ordinary knds-thus the rail passing
and the vehicle standing at the side will occupy
thirteen and half feet out Of nineteen, leaving five
and half feet for an ordinary vehicle to pass on thai
side. Many that travel in Broadway would require
more space than this to move in carriage moving
on the same side, in an opposite direction, would
block up the passage. II there were but small
traffic, either by car or ordinary vehicles tins neon
venience would be sma-but it has to be kept in
mind, that, exclusive Of stages, there are great
number of ordinary vehicles, and to accommodate
the passenger traffic there must be great number
of cars. It has been said that the stages are
If any one will observe with little care, they
will see great number Of others, which in gene
raj view are kept out Of notice by the size and
color Of the stages which gives them great promi-
nence in the street. The cars cannot move along
in regular distances from each other They must
stop to take in and discharge passengers and as all
must go to the central part of the street to get in,
they will be detained often by the passing OF other
vehicles. The cars will often be stopped by the
passing Of other vehicles across the tracks, which
they will be compelled to do for various At
The streets below Canal street especially below
Barclay street. the interference Of the cross traffic
will be very much in the way of the cars train
of loaded carts will often get the street and indeed
there is no avoiding it, They will insist on their
right and will often stop the cars which cannot turn
and work their way in crowd Like stage or other
ordinary vehicle. 1t may easily be imagined what Q
confusion would be produced by several cars brought
up on each track with the ordinary traffic in Broad
way brought into collision with the traffic in the
cross Streets then, circumstances will often bring
several cars together, and greatly increase the diff
Guilty and delay to ordinary vehicles in crossing the
street.
nor is it matter that could well be reduced by COM
putatiOn. The propriety of entering upon the expert
ment must be determined, I think, by the general
view of the circumstances and magnitude OF this tra
fc. have resided for the most part of the last six
teen years in the upper part Of the city, and attended
to business in the lower part The stages in Broad
way have been the means have used in travelling.
The projects that have often been agtated for rail-
way in this street have engaged my attention, and
the operation of railway in this street has never ap
peared feasible. AS Citizen (now residing in
Twenty third street,) would prefer that no railway
be laid in Broadway. am fully convinced 1t would
whole city It's, in my opinion, great error to
suppose the railway would be any relief (if relief
is wanted,) TO this street on the contrary, that
it would increase the confusion and embarrass-
mo To
manufacturing interests Of the city. Broadway
is the favorite location of our Large hotels 1t
is the resort of thousands of people from dis
tant parts Of the country that here find the articles
Of trade Of the more expensive kind and hence is
the most valuable locality for retail trade To inter-
fere with such street by laying rail track in the
centre, appears to me quite inconsistent with the
legitimate accommodation Of the large traffic it now
believe six months would pass before every impartial
man would proclaim for its removal As citizen of
New York, regard the putting down of rails in
Broadway as calamity that every reasonable effort
should be enlisted to prevent This is my judgment
OF the matter, and though have had much to do
with railways it has been my opinion during all the
discussions have heard that Broadway is not pro-
per place for a railway Respectfully, your obedient
servant, JONI 3. JERvIs
D. H. Haight, Esq
City and County Of Mey York :-On this. the
23d day of February 1863, before me- Edwin Corey,
Commissioner of Deeds for the city and county Of
New York, came John B. Jervis, to me known, who
being by me duly sworn did depose and say that the
statements made by him in the foregoing letter, to
which he has subscribed his name, are true.
EDWIN F. COREY, Commissioner Of Deeds.
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