The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-04
Superior C0urt-<sencral Term.
Before q full Bench.

THE INJUNCTION AGAINST Tue HUDSON RIVER RAIL-
ROAD COMPANY DISSOLVED.
July 3.-j0hn +. 7dirNn and Jason Mdpes vs
The Hudson Rrer Railroad Compony.-Slosson,
Justice.--The complaint and a0idavits upon which
the application was made to me in this cause, pre-
scented proper case for immediate relief, and &C.
cordingly granted a temporary injunction, with an
order to show cause why II should not be made per-
petual. The nuisance complained Of If only half as
gievous as is alleged In the complaint to be, would
Justify the interference of the Court In proper
case. Upon the papers presented to me, the almost
necessary conclusion was that the defendants were
directly instrumental in procuring or causing the
nuisance to the full extent complained of but the
afidayits, in which the incumbering Of the
streets complained Of is allie ged to be the voluntary
and unnecessary act OF the cmigrants themselves
II IL not denied that these people arrive here in
great numbers, under contracts made with them
abroad, by which, on their arrival they are to be
ceived on board OF the companys cars at the foot
OF Canal street. If the company were In any way
parties to this arrangement, or shown to be prvy
TO II, should have no hesitation In making this
injunction perpetual. Such q fact would present
the cc.e OF nuisance created BY the defendants
themselves; but the afildavits fail to connect
the defendants with these contracts, and in so
far the gathe Of these crowds in the streets
and their continuance there by day and night, IL
tho necessary result or consequence OF any acts
or emissions of the defendants, OF least to the
tent complained Of, the answer and affidavits on
the part OF the defendants certainly exculpate them
The defendants deny that their Office has
COmplalut
and that it has been kept in the same
building for several years past, and that
IL IS separated from the plaintiffs hotel by space
OF ground some l47 feet in extent, which stands
two story brick building occupied the Office Of
n ice company, and wooden shea used by them
ls branch depot for freghtng business and they
show by their answer and affldavits that they can
transport as many rs 900 emigrant passengers in
one train, and that the time Of departure Of these
trains has been for two years past either at or ca
p NJ, and never earlier than P. NJ; aud that the
arrival ct the emigras at the station at any cons
dorab.e length Of time before the starting OF the
train and their stay at or near said station after.
wards, Is entirely voluntary their part and Who'll
unnecessary, either for the convenience Of the
emigrants or Of the defendants, and IL not and ne
yer has been in pursuance OF the wish OF the compa-
ny; and that the only time necessarily occupied by
these passengers at the depot that which taken
up In procuring their tickets and weighing their
baggage. IL being admitted that the defendants
arc engaged in lawful business, neither in itself
nor by necessary consequence nuisance, or inju-
rous to the health, comfort pccuniary interests
Of the neighborhood il would under these denials
and allegations, be improper to continue the njunc
don But while dissolve the injunction there is
one aspect OF the case which feel il my duty TO
express strong opinion The complaint alleges and
it IS not Denied that the erugrant Office (whcrc the
tickets are procured only twelve by fifteen feet in
nension and not OF sufficient capacity to hold If
~ persons. Ii the company transport but GOO pas
sengers day, much time must be necessarily con.
sumed in furnishing tickets TO that number and in
arranging their baggage. 1t is true each passenger
on procuring his ticket may step Immediately into
the ars but IL is somewhat unreasonable to require
the first corners TO wait in such narrow accommoda-
lions while the whole 600 or 600, as the may
lie, arc procuring their tickets Even il II be admit
TED that this number Of tickets docs not necessarily
require equal number Of persons TO apply at the
Office, but that great proportion OF the number
consists of families for whom single application
alone Is necessary, still much time must OF nc
cessi.y be consumed In providing all the tickets
qnired, and In asserting weighing and marking the
baggage Of 80 numerous company. For the con-
venient and proper transaction OF this business,
especially in crowded and densely populated a
portion OF the city rs this is small Office Of the
size this is admitted 10 be, cannot, VIC may
bly, suppose, be sufficient. The company may not
he restrained from the conducting Of this their law
full business but they should so conduct II as TO
der it in tho least possible degree annoying to their
neighbors--even q lawful business, improperly con-
Quoted, may become nuisance This business
should be carried on with reference TO the num-
hers, chaIac and condition Of these people; and
all means should be taken TO expedite them in pro-
curing their tickets and seating them in the cars
II one Office alone IL not sufficient to secure this end
others should be opened and additional assistance
in other respects procured. such on cnJrt on tho
part of tho company would greatly relieve the drfi-
Guilty and would put the encrants wholly In the
wrong, II, with all necessary conveniences for the
prompt procurement Of their tickets they stiil per
sisted In spending the days and nights about the
premises, II would be wholly without the fault OF
the defer dant-. and IL would he q proper only
for Che interference OF the city authoritcs. Should
however, the company so conduct their business
lawful though Il be In itsclfas 70 rentert In fact
a nuisance 70 the ncgilbcrhool from the want Of
proper precautions or facilities in its management,
this Court would unquestionably interfere upon a
proper case being shown. The Injunction must be
dissolved hut under the circumstances Of the case
the plaintiffs must he relieved from costs.
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