The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-21

supreme COurt-Spccial Term.
Before Hon. Judge Cowiss
OPPOSITION TO THE CONSTRUCTION OF The EINrH
AvAkUE RAILROAD.
JUNE 20 Wemore, r. L. d A. Stuart and Hoppock rs.
Story, Radford and Murphy-This action has b. en- on
trial several days. and Is to prevent the construction Of
the Ninth Avenue Railroad through Greenwich and
Wsabngton streets the ground that II built II viii
destroy the business in thoss Streets will materially in
tsrfeSe with the traffic there will deprecate rents and
value Of propery win injuriousy affect the butchers
and others doing business at Washington Markets and
generally, tina, II will be nuisance In those streets.
Other ohjectors of legal character made to the
isndsnts 'N - 'A' N'
The evidence so far introduced by the plaintiffs has
been mainly upon the effect the railroad would have
in depreciatng ths rents ana value OF the property
and as to It's tendency to destroy the business In the
James Van Nostrard, President Of Merchants, Ex-
change Bank would prevent the present business
bere csIrsd on thsre and lessen value OF property IS
SAMUEL Hotalng, in sslt business at 297 Washington
street. rent ~ 600, on lease would sell out at half
there; could not carry It with q railroad in the
street property would be deprecated one hal, in
John R. Macomb owns so3 Greenwich street; gets
year rent for it, the tenant says he viii leave
Isii.9ss all | va. iaie sys would not give him sl 5000
would have to leave the other must give way;
property would be deprecated by It thirty to forty
Esstts Titus owns ard occupies 2s3 Washington
street az cracker and ship bread bakery would have
to leave II the railroad goes through; it would depre
ciate property 80 to 40 per cent
James II Lyon occupies 100 Washington street, op-
fSss Market & as woodenwa,s stcre pays sa 500 Ient
comes in t would not give within $500 year much
Greenwich and ia Washington street. 81 00o could
cot conduct this business with . railroad In these
streets would isaye and 60 elsewhere rents would be
would be reduced In the same proportion and plaintiffs
J. Il. Cain-Has leased corner Fulton and Washing
ton streets for nine years. and provision dealer
as lessee would not consent to this rAioad for 10000
$40 OCt each: Tonld nure Honnask Iots ~ 600
and affect the whole street
Gerald H. Dupont, cartman Tor R L. 4 A. Stuart the
RAILROAD would materially interfere with loading and un
loading, and obstruct the busnsss the track is dan
grous to horses strans them and wrenches carts had
his horses' shoes torn OF By it.
Benjamin Titus twenty fou years carsman for stagg
Co.'S articles dest in in this neiehborhood very bulky
ana wslnsi dicnt to load with track in the street.
way OF the cars 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 besices Is bad for cartmen there
s danger from throwing the horse and wrenchng the
cart; this often occurs on the other city tracks.
John J. Voorhees,, cartnan for Wetmore Co., rides
heavy iron and casts; railroads have bad effect
loaded csrts wheels get in the tracks, horses slip and
they and the carts get strained.
Alansen Sec cartman IA years in this vicinity gave
Gilbert Scctt-Superntsnds carting for the Grocers'
Steam Sugar Refining Company; average, 200 to 400
ioass day. each s load h6p from Loo to 4o pounds the
Ler Of Aeht front of eco feet and Is constructed
that all Of their sugar So must be received on WASH
require entire change Of the dng the track has
bad effect horses and CARTS has broken their carts
several times OF ats in winter time there would not be
room enough for the and cars c get along on the
track would be impassable II the snow should be
thrown on the sdea Ct the street In the usual way Wit
Laf ahnut ~ fc1 in
factory.
Henry Rsbey-Cartman for Messrs. Stuart . railroad
leading and unloading track is bad for horses; injured
his forse last winter, by stranng to get off the track
was laid up BY III 1t Is difficult to get out Of the groove
John Fsrdon-superintenda cartng for R. L. q A.
Stuart average from ESQ to 800 loads adsy the property
SSsss and ali this aS h.: 70 Be-
received and delivered Greenwich street. railroad
would obstIuct business and increase the expense Of
doDgit
Bepjsmin stasg- 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, njurs property at least 20 per cent business
would leave the neshborhood and the effect Of this
would be felt BY all owning property there the business
opposite the market would be most Injured
John +. Solomon, 21S Washington street-Pays about
0C0 rent brooms and wooden wAe streets constant
ly crowded. business requires great deal Of ROOM
with horses backed on both sides Of the street
there 5 cent and lessen property opposite the mar
joseph W. Mseks, of vesey street-Cabnet furniture
businsfs owns property there worth also on
Barclay street. all re.ts for S 00o had his attention
called to railroads by the Sixth Avenue Railroad endea
vorpg to extend theirs In front of his property:
in narrow business streets are very injurious;
would deprecats the rents Of his stores each
would lessen property ON Greenwich and Washington
streets from thirty to twenty five per cent In value
Philip Weeks, butcher; twenty years in Washington
teriay by deprving him Of tins facilities he has for
stres xbsrs his sand is his horss could not stand
there without being nterfered with by the cars.
John B. Jsrvs, il civil engineer for thirty to forty
in Greenwich and washington streets, . railroad is
dsrment and business will be much nterfered with by
it; invariably has great difficulty to maintain rail-
the people the streets generally considering railroads
injurious to them and this Notwithstanding large
commercial intsrests may be in favor Of the railroad
same testimony witness Weeks.
E1isha Ruckman, in the oyster business, own, pro.
perty on Greenwich and Washington streets-A railroad
would lessen property twenty ave per cent.
Samuel r. Platt hardware merchant 1856 Greenwich
street, pays S. 600 rent If railroad goes through
business would be driven out Of the Etree IT, 1t would
depreciate his store sS per cent In value, and rent
John D. Brewer owns corner of Chambers and Wash.
ington streets; railroad would materially depreciate
property therdamage at least 25 per cent, and op
pc.ts the market s from 30 70 30 Per cent
win probably occupy sometime Ex.Judge Boards.
ley John Van Buren, and Henry Hilton counsel for
the plantifs and Willard and Anderson for the de-
PENDANTS.
Supreme Court-Clrcuit.
Before Hon. Judge Roosevelt.
SUIT ON BEHALF OF THE pEposToRs OF rHE LATE