New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-14
TIE WAR OF THE ERIE AND CENTRAL
RAILROADS.&C. INJUNCTION

TIE WAR OF THE ERIE AND CENTRAL
RAILR0ADS-AN INJUNCTION
SUPREME cOURT-SpEcikL TERM-JvLy l3-Bofore
III, New York and Erie Rs,osd Company syt The Buffalo
snd state Line Con psDy.
The complaint ~ this sets forth the ccorpOra-
On Of the Dvikirk and State Line Railroad CO., under
the euspces Of The New ork ard Fac Railroad Com
paDy aCd With q gauge of the WIDTH aud OF the
Buffalo ana State Lane Railroad Cor paDy, under the
auspices Of the NewYork Central Railroad Company,
nd with gauge of the width both which lines
were n state Of partial completion in 1851 when the
Buffalo and State Lioc Company proposed 70 the DAG
kirk and State Line Company 10 make en- arrange.
ment whereby the expense Of building two roads
would be avoided, and the contracting parties would
derive utual advantage from the construction Of the
Ruffalo and State Line Railroad alone Thereupon,
articles Of winch set forth in the com.
pIsint were drawn up between the Buffalo and State
Line the Dunkrk anG State Line the New-fork and
Ere ard the Buffalo and Rochesterpow part OF the
NewAmk CeItreG Railroads, for the purpose Of
to each the benefits, tine projections ana rights
which are a matter OF interest to oil.
The complaint goes to charge several breaches oil
this agre snent in the defendants operating their road
in the interest Of the New-fork Central Railroad
Company, and not mpartiaiy; in soliciting passen-
gers to 90 over the Central ROAD; in charging higher
rstc FOR passengers and freight from the Erie than from
TIE Central Road and in various other respects. Ii
claims $3.50, 600 damages anu q perpetual injunction.
Upon these allegations preliminary junction was
asked for by the plaintiffs attorneys, Messrs Eaton
and Davis, and granted by Judge Davis on Friday
last.
ISJCNcTIoN.
H. f. DAVIES ..-On the sworn complaint in the
action and the affidavit Nathaniel Marsh
therein motion being made by Mr. Eston OF counsel for the
plaintiff for preliminary injunction sssnst the deendsn and
sufficient reason sppe airing why the should be granted
Is hereby ordered that unit the further order Of this Court
tie PresdcL Vice sden Superintendent ard each and all
Of rs ether and 90 each and ell IF them wholly
d re re Sesd Of to D9aES the State Of Es%Y
soliciting endeavong to cause passengers 70
NorL
And further hereby ordered that the defendant and each
officer and agent aforesaid wholly from selling aud
from auhozpstO be sold at any Poin, west Of the esstey
other paper ,hns designed the purpose Of such
ticket any point which in connection with coupon
Pass on thereof any place further than said
Dunkk or Buffalo; and further the defendant and each of
frain from using any influence solicitation with view
which tend to to fSGSs,e 5Sk sh p
desisnate the New York Central Railroad the road to be
trave'd instead the New I9 x, and Enc K.r0a Oh.
aforesaid officers agents wholly refrain from demanding
SRsrs o pef a scodu to the length Of from o. or
upon either passengers mechanics live stocN which be
% % Sr dsnS Ga may oa wing w Or Of
Dubkk aforesaid than is at the time and upon like per
and collected Of upon and from passengers live
cbsndze per mile according to the length of the transit when
the same transportation IL intended to BE- trans
ported over the whole of the defendants Railroad
from by way and designed to over the Newfork
And the and of officers and agents aorc
$40 ls or or extending any to
GERS at Dunkrk aforesaid elsewhere which designed 10
Tends to any sen or Cher 20 y
way Of the York Central Railroad instead of by the New
And the defendant and each of the officers are
sad hereby further ordered to refrain from recognizing or
receiving tickets coupons and from allowing the holders to
pass by virtue thereof the defendants road which or
he aid tickets have az been od G s omnsn
or its agents purpor 10 authorize the holder over
the road CO@psny except , SRCn the eaa
sold b The Plaintiff or sir sss Or , e a e.
road would be recognized by the defendant and
tie holder said tie et coupon be and s allowed
Io,d Situated oubnd west Of Dkk aforesaid the
whole of said road accordso the purpor OF the ticket and
And complaint in this action and said aS1vis Of Ma S
fore Ills Court on the day of July instant at eleven o'clock
in the ohat day the City Hall in the City Of New
purpot and eject should be continued in full force and
until the final Judgment and decree in this snit and until the
egog order modified let tine he in full force and
effect.
TIRE PAULpING CASE.
This morning Mr. L. G.. Young, counsel for MIR.
Padding made application the Count for order direct
ing The in this proceeding 70 ado bis sitting to Tar
there rsdes whose cannot be had in New
York without great nj nee and gaG ee'ssy
ournu ent for the that Mr. Noyeswa absent aud he
M Bsw ss hfi thai So1 obs
when bis duty to clients yet he could not con-
Already sreot deal of has been LOST and to The
int rest Of the Relaor protract the long pobe
for having the child her custody she had nothing to
gain BY O conclusion OF the proceeding.
Mr. Psudn affidavit that these witnesses material and
as advised by counsel satisfies the rne in such
matters the convenience Of witnesses viii always be con-
sidered by the Court. ,,,
After some further remarks by cosnse the Judge adjourned
the mott. till Friday next. IL
Ophela Stodderly agt. John S. Stoddery.-Decree
Of divorce granted.
Tbos Clarke agt. Jerry Cowles.-New trial in both
,cons Costs Of and So Of notices zach TO abide
Thos Eagle agt Edward E0x.-All the amendments