The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-06
MORE RAILROAD NJUNCTI0Ns.


Before Hon Judge DueS.
,sAay, and ssAaV u all saA~ srsus :" issrse .r1s
sas.s s1s sgsk A. q plasnt. aSs:s,s JsA.. Lsscy
G fs 9s:: Iss : x sss ls. s D 1 S1s
JoA~ Ridley Wiam Ebtix and al otAer pososs ascot
Otsd ~ th and ia the persons last aoss nessed a. ANY
Rs FIX s.S sss ss ss dc ss"s s.@
The siatA Assnse Rairoad Company and George LsU,
assoetatsd tssdAsr amd UtA the said john Pdssss NJ
mn~d Z. Sac mas and George LaW or either or any 81
Nom Ms sas s.arsse and a,ang sa...oas y. g sty
" The EsQAtA AoesSs Railroad Company" defssdosas-
Thomas Hope md David D. Acher paintifs Il. this as
owners Of property Residents doing BUSINESS in
College place the city OF New York other wise int
forth and who shall unite with them plaintiffs in this
action by Isaac Dayton thsr attorney esmpln Of the
above named d.s.ssnts and .less follow. thai i 70
from TIE southsr Rrnnus Of Wet b .sy through %
street not TO exceed thirty tive feet wide sss..sa ,ls
cub s,ones along the hds Of the corner lst Of the
s .ds%us vSsn q tSs pubic
wants for ordinary business purposes in about
the year 1855 laid out opened psspsssd dedicated and
to be used By travellers - sueh and has since Goa
tBusd 70 be still is Of right public street. thor
AAin Thomas Hope 10 seized in fee and possessed Of
certain lot Of ground dtustsd and hoating
and twenty ave feet on the vthsry aide Of % ancient
street. Il the said city Of Nsw York called Chambers
street. being the Trenisss on the southssstsrly eor
of the said Chambers street and College place and
known number 1872 Chambers tt,eet aud being also
the Dumsers 2b 81 49, and 81 College place, together
the esstely side thereof fronting twenty five fest
the feutbtr side OF said Chan street. each Of
Which raid lots Is twenty ave feet IN xdh and one nun
insist that the said plaintiff Thomas Hope the owner
fee Of all the LANDS in front Of the taie lots 70 the
he Of said streets, by virtue Of his ownership Of the
said lots bounced frontiog the said streets
aforesaid subject only to the easement right OF way
PsSs s Svss t ss Inc ss,o as nm
bers street. above described and the store and buidiag
thereon, are occupied and used by them as whole
by the rsid plaintiffs the said premises large that
their said store is Eve stories ia height, and entirely
the fourth and afh stories Is devoted their said trade
that they eontaxty engaged in receiving and selling
and DELIVERING sending away and dsspatchag the per
cbaI die ard CON modtes In which they deal in their
said bufipets That the said plaintiff Thomas Hops, has
occupied ths said premie and has carried grocery
business thereon for period Of twenty two years. and
that the said location by b industry ard
enterprise has become and valuable stand for carry
ing the tsid grocery business That the side of their
said tore College place aforesaid is con vsnent
and is used By the raid plaintiffs for the purposes Of TAX
ing in and seDdrg away soods That is fitted with
eors and entrar for these and that the hatch
way wheel and fall for convey goods to and from
upper stories Ct the said store situated the said
about forty Eve feet from the ssid corner Of Chambers
street and College place. That within fe months past
the said plaintiff, Ihomss Hope has obtained from the
Corporation of the ety Of New York license TO opeo aad
use the ground underneath ths sidewalk and street in
font Of the said premises on College place and Cham
bera street aforesaid for which he has paid to the
eaid Cooperation the Of hundred dollars and
has erected under the said aks large capacious and
expensive vaults to We used in and devoted to the said
business Of the faid plaintiffs and that the principal
openings FOR lowering goods into and taking goods of
The raid vaults the said side Of the said store
College place That in order, conveniently aud expedi-
ou.ly take goods into the said store and send sway
spch IS are Sold IT is absolutely necessary that there
place for horses and carts drsys wagons to back up
and stand without bndrance disturbance to load and
Unload That the exigepces Of the said business Of the
carts and wagons at the side Of IL said store for these
Iurpose AID that inpo ssibe to carry the said
should be deprived Of the use and sctes Of the sad
side Of their said store On College place. for loading nnd
unloaoirg and taxing in and sending away goods The
t the Of the said College place and Of the
tieuity and proximity thereof and Of the plaintiffs
railroad On the opposite side Of College place where ia,
and for long time past has been usually and necessarily
great Zeal Of travel and passing and great rush and
other vehicles sanong and passing for the legitimate.
reasonable and ordinary purposes Of business and travel
fad street called College place. opposite and in front Of
the PLAINTIFF raid premises would greatly obstruct said
street for public use and seriously obsruct, and to
great and ruirous extent damage the plaintiffs said
business by means Of occupying 80 much Of the said
LAT menSn;d street ard ,nnnng 60 rear to the curb
premises as to hinder and than and their SER
placing carts ether vehicles laden TO be laden with
merchandise sold and delivered to be delivered TO or
from their aid grocery store and premises and
agen en- stnm.ss others having free safe and
venen rgress and eerees to and from their said store
and premises and the said street called College place as
cutoEed to do and have and still Of right ought 10 do
and have without the moestaticn OF hindrance Of said
double on second ailway track And the plaintiffs are
adyieed and insist that the Mayor Aldermen and Com.
atty Of the city Of New York have not any right or
authority BY srtue Of their corporate powers either
prescribed and established by the charter Of the
faid city, CT conferred BY legislative enactment or
others Use acquired, to authorize the contraction
place along opposite the plaintiffs said premises
without the plan consent the emit Of the
express obe ton and disfen Nor have the said Mayer
Aldermen and Conmonsty, or the Legislature Of this
State right power 10 authorize the construction
Of such double or second railway track without adequate
alton being first made TO the plaintiffs espe-
ciAy to the psina Thomas Hope, for the cjury done
to the tutiI aud rights Of the ad PLAINTIFF and 10
s further complain and set forth that by certain
utops of the Common Council Of the city Of New York
passed in about the month of July, the year
thousand eight hundred and fifty one, ard by certain
other resolutions of the Common Council passed
spd consent the Common Council were granted to the
said defendants composing the association, company,
firm known "a The SIKH Avenue Railroad Company"
and 10 the others OF the said defendants composing the
association company or firm, known The Eighth Ave
Ra,roed Company, TO lay railroad track through
certain streets Ct the said city commencing at the inter
section OF Chambers street and West Broadway thence
along West broadway TO Canal street and through Canal
street 10 the ead Sixth Avenue Railroad Company 70
Varick street, and running through varck and various
other streets and to the said the Eighth Avenue Railroad
Company to Hudson street and running through Hudson
street TO certain points the Sixth and Eighth
respectively. That the said railroad companies, BY vr
tue Of the permission and authority Of the said Common
Council granted by the said resolutions of certain
DEEDS covenants regulations in writing led By
the raid parties reapecyey, and now on behalf Of the
said Common C0uI Gil file with the Comptroller OF
city OF New York built and cons ucted their said rail
roads through the streets and mentioned
said resolutions ard Instruments in writing respectively
and that the nnaion OF the said roads st the inter-
section OF West Broadway and Chambers street
the opposite side OF Chambers the store and
miss Of the plaintiffs, and almost directly facing their
said store. That College place nearly in the
direction as West Brosdway, ana nersscts Chambers
street nearly opposite the intersection of West way
and Chambers street but Is much street than
West Broadway. The said plaintiffs further complain
ard set forth that ia about the monh Of November
in the thousand eight hundred and City two the