The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-21
Supreme Court-speciaI Term.
Before Hon. Judge Cowies.
OPPOSITION TO THE CONSTRUCTION OF TIE NINTH
AVENUE RAILROAD.

supreme COurt-Special Term.
I. Before Hon. Judge Cowiss
OPPOSITION TO THE CONSTRUCTION OF The NINrB
AvlkUE RAILROAD.
JUNE 20 Wcmore, r. L. d A. Stuart and Hoppock Us.
Story Radfod and Auyphy-This action has be on
trial several days. and to prevent the construction Of
the Ninth Avenue Railroad through Greenwich and
Waabington streets the ground that II built II will
destroy the business In thoss streets; will materially in
terfeSe with the traffic there will deprecate rents and
value Of propey win injur:ousy affect the butchers
and others DOING BUSINESS at Washington Markets and
generally tina, 1t will be nuisance In those streets.
Other ohjectiors OF legal character made to the
iendants. =
The evidence far introduced by the plaintiffs has
been mainly upon the effect the railroad would have
in deprsciatng tho rents aud value Of the property,
and as to Its tendency to destroy the business In the
James Van Nostrand, President Of Merchants, Ex.
change Bank says would prevent the present business
bere csIred on there and lessen value Of property rs
Samuel HotaiDg, in salt business at 2o7 Washington
street. rent ~ coo, ON lease would sell out at half
there; could not carry 1t on with railroad in the
street; property would be deprecated one half In
John R. Macomb owns sos Greenwich street; gets
25c0a year rent for 1T the tenant says he will leave
II rsilicse was lsid spd would rot give him sibooa
would have to leave one or the other give way;
property would be deprecated by 1t thirty to forty
Esstps Titus owns and occupies 2s3 Washington
street az cracker and ship bread bakery would
to leave II the railroad goes through IT would deprs
ciate property 80 to 40 per cent.
James Lyon occupies 100 Washington street, OPP
posite Market as woodenware stere pays 800 remit
the street would not co for their business II the railroad
comes in nj would not give within $500 year much
Samuel W. Davenport, crockery merchant, a. 203
Greenwich and ia Washington street. rent 81 0oo could
rot conduct this business with . railroad In these
streets would leave and 90 elsewhere; rents would be
reduced one half by the railroad there value OF property
would be reduced In the same proportion and plaintiffs
wouid be injured.
j. Il. Cain-Has leased corner Fulton and Washing
ton streets for nine years. grocer and provision dealer
as lessee would not consent to this RAILROAD for $1000
WSSid depreciate rents one half and lots At least
and affect the whole street
Gerald II. Dupont, cartman for R L. A. Stuart; the
railroad would mateialiy interfere with loading and un
loading and obstruct the business the track is dan
eerous to horses srans them wrenches carts had
his horses shoes torn OF By it.
Benjamin Titus twenty fou years rtman for stagg
Co.. articles dest in in this neiehborhood very bulky
and wsshs difeot to load with track in the street.
with heavy load 1t would be hard to get out of the
way Of the caIs track strains horsss In getting out
Edward E. Carpenter, cartman, at 1876 Greenwich
street. could not do the business there railroad was
in the street. track besioes Is bad for cartmsn there
cart tSs often occurs On the other ctI raeks 'ns
John J. voorhees,, cartnan for Wetmore Co., rides
heavy iron and casts; railroads have bad effect
loaded cart5 wheels get in the tracks, horses slip and
they and the carts get strained
Alansen See caftman IA years. this vicinity; gave
Gilbert scettsuperntends carting for the Grocers
Steam Sugar Refining Company; average, 200 to 400
loads day; each load from zoo to 500 pounds the
Ler of ght; front of eco feet and is constructed
that all Of their sugar So must be received Wash
require entire change Of the buildings this track has
bad effect on horses snd Carts has broken their carts
enough for the carts and cars get along on the
track would be impassabe, II the snow should be
thrown on the sides Ct the street In the usual way Wit
hirlu fnsra Ia hnutx1 nS f.1 In
factory.
Henry Risbey-Cartman for Messrs. Stuart; railroad
leading and unloading track is bad for horses injured
his horte last winter by stainng to get off the track
Was laid mp b. III 1t Is difficult to get out Of the groove
John Fsrdon-superintends carting for R. L. & A.
Stuart average from 2So to 500 loads day. the property
passing IN and out Of their store In this way worth
t5sr Sadss and ali this has 70 Be-
received and delivered Green wich street; railroad
doDgit
Bepjsmin Stage Owns Nos. 1856 and 1877 Greenwich
street, occupied for salt and groceries, has sometimes
200 to 800 loads day; the articles dealt in very
much ipjurs property ct least 20 per cent business
would leave the neshborhood and the effect Of this
would be fell By all owning property there the business
opposite the market would be most injured
John +. Solomon, 21S Washington street-Pays about
~ crowded this business requires great deal Of room
with horses backed on both sides Of the street IL Is
their beads railroad would certainly dspreciate rents
there 5 per cent and lessen property opposite the
joseph W Mssks, of vesey street-cabinst furniture
businefs property there worth $3.50 600; also
Barclay street all re-ts for ooo had his attention
called to railroads by the Sixth Avenue Railroad endea
vorDg to extend theirs In front Of his property:
rar Dads in business streets very njurious
would deprecate the rents OF his stores 81 EACH
would lessen property on Greenwich and Washington
streets from thirty to twenty Eve per cent in value
Philip Weeks butcher; twenty years in Washington
teriay by deprving him Of tins facilities he has for
o0Dg " hs ges IN MS hs bs-.. o ON naa
there without being nterfered with by the cars.
John B. Jervs, il civil engineer for thirty to forty
yeas-Whsss there = e. much business IN street IS
dstment and business will be much interfered with by
1t; invariably has great difficulty to maintain rail-
road in streets where terminus is made arising from
injurious TO them and this Notwithstanding large
commercial intsrssts may be in favor Of the railroad
John Conway butcher at Washington Market, gave
perry Greenwich and Washington streets-A railroad
Dropsy inS there
Samuel r. Plat, hardware merchant, 1876 Greenwich
street, pays S. 900 rent If railroad goes through
business would be driven out OF the Street By IT, would
deprecate his store 30 per cent in value, and rent
John d. Brewer owns corner of Chambers and Wash
ineton streets; railroad would materially depreciate
property theredamage at least Is per cent, and op
posite the market from 80 to IS per cent.
The PLAINTIFF evidence has not yet closed, and the
will probably occupy sometime. Ex.Judge Boards.
ley John Van Buren and Henry Hilton are counsel for
the plaintiffs, and Willard and Anderson for the de-
PENDANTS
Supreme Court-Circuit.
Before Hon. Judge Roosevelt.
SUIT ON BIHALF OF THE pEposTToRs OF rHE LATE