The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-18
The street Railroad Consult in Pro-
bate Court COntinued--PrOceedlngs
Yesterday.

luG SlEt6L SOsS@SulL LII EIOS
bate Court COntinued--PrOceedings
Yesterday.
The Counsel for the City recalled Mr.. Tor
renee, and submitted written queries, hereto
fore overruled, which were objected to and
again ruled out by the Court. Exceptions
we're taken. Mr.. Danl. H. Horne, who has
been in city since 1909, was called, and gave
his opinion that two tracks on Western Row
would injure the value of the street, and its
use to the public.
The evidence for the city having closed, the
testimony for the claimants was heard.
Mr.. Easton, of Philadelphia, an Engineer,
well acquainted with the construction and ope-
ration of the Street Railroads of Philadelphia,
explained in detail the care and regularity ex-
ercised in their management there-how little
the transit of the cars interfered with ordinary
vehicles, and that in case of the laying of
sewers, temporary bridges were made, making
but slight distractions that double track in
the street was benefit, strongly binding the
powdered pavement, and an economy over
the wear of the omnibus.
On cross-examination the witness stated
that he had no reason to expect to build the
road for the Company making this claim. He
came out here on receiving dispatch from
DIR. Waiter.
Mr.. William A. Adams was called, but hav-
ing had no acquaintance with the practical
workings of Street Railroads, his testimony
was very brief.
George W. Holmes, living in Columbia, tes-
tilted that this improved mode of transit would
not seriously injure general travel; the Little
Miami Railroad had not seriously affected
travel on Wooster pike; Street Railroad will
aid the suburbs of Cincinnati and make them
important.
Mr.. Benz. Higdon explained at length the
cost of bowlder- paving the streets--cost, say
So 20 per lineal foot-andi as to the incon-
venience of constructing sewers when tracks
are in streets.
DR.. Hunter testified that a Street Railroad
would be convenience to him personally and
as professional man.
DIR. A. L. Highway explained how sewers
were excavated in Philadelphia while cars
were passing over temporary structure.
Mr.. r. c. Phillips, the Engineer who sur
veyed the line of route in the Statement" of
the Company, gave his explanation of the
manner Of laying tracks. He said it was not
likely that any sewers would hereafter be laid
in Western Row, and temporary suspension ol
other traffic, will no doubt result when opened
for sewer-but Western Row being water
shed, will not be taken for sewers.
On cross examination, he admitted that the
expense for laying pipes. building sewers, etc.
would be greatly increased-that a line Of
sewers ought to be laid in all the streets fol
underground drainage. Such system prevails
in Europe, and soon will be here. Where two
railroad tracks are in a street and trench dug
for pipes, or sewer, with the dirt placed in
the street, other travel must be turned of.
Mr.. Thomas Higdon explained the cost o.
bowldering-repair of road after this track il
down, would cost but little-say six or sever
per cent. of original cost.
The case here rested.
Mr.. f. s. Lippett, Assistant City Solicitor
LluuO ehO NPOAihS oi6uihShb iOA eho clVg
He spoke Of the claimants unheard of de,
n1and. They came into Court not as Stree
Railroads, but as a line of road from
Pendleton to Cumminsvlle, and by branches
10 the same trunk line. The declaration
made by the counsel that they intended Il
construct system of Street Railways, woult
take them out of Court. This road, the sam,
in its character, is like the Little Miami o
the Hamilton and Dayton Roads. 1t is per
petual in its character, and above the muni
cipal authority of the city, except so far a
it reserves rights TO the city in its charter
1t monopolzes the public use of the stree
TO private use. 1t is not u means of enjoying
the public easement, but converts the stree
into species of mechanism for private bene
fit. They will have right above every
other vehicle on the street. They will say
to the public, turn out, have a priority o
right, The city has vested right in thu
streets, greater than that Of a simple high