The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-07

Loeonnosives Prohibited ON Fourth Avenue
PROHIBITION OF THE USE OF STEAM ON THE FOURTH
AVENUE BELOW FORTY SECOND STREET BY THE
RARLKA AND NEW HAVEN RAILROAD CoAPANIH-
PERPETUAL INJUNCTION GRANTED.
KINGS COUNTY SUPREME COURT.
Before Hon John A. Lott, Justice.
Judge Lott rendered the following decision in this case
yesterday by which will be observed that the New
Ysrk city authorities perpetuay enoned from grant
ing permission to the New York and Harlem Railroad
Company or any other company person. from running
steam engines locomotives Fourth avenue, below or
south of Forty second street.
Edtard HdigM against the Mayor, Aldermen and Com.
onaly Of the City Of Neo York. the Ne,o FORK and Harlem
Railroad Company and the Nev York and Neio Haven
Railroad Compdny-The complaint in this action having
been dismissed by the plaintiff to the defendants the
New York and New Haven Railroad Company, and the
action having been brought to hearing as to the other
defendants, upon the peadngs and the atdavits and
dispositions taken and filed therein and after hear
ing Greene Bronson, Esq, counsel for the plaintiffs,
and Richard Busteed Esq counsel for the defendants
the Mayor Aldermen and Commonaly of the city of New
York. and Charles W. Sandford ESQ.,, counsel for the
defendants the New York and Harlem Railroad Company,
and il appearing the Court that the running of steam
engines or locomotives the tracks of the said the New
York and Harlem Railroad Company on the Fourth
nue. below south Of Forty second street, in the city of
New York, by steam power, as complained OF by the
plaintiff in his complaint in this action, and as proved by
the afidavs and dispositions aforesaid. is nuisance
specially injurious TO the plaintiff and to others similarly
situated residents property owners in that vicinity in
plaintiff his said complaint but that reasonable time,
exceeding eighteen months from the entry Of this
judgment should be allowed to the said defendants, the
New York and Harlem Railroad Company, TO erect new
machine shop above Forty second street aforesaid
and stipulation and agreement, signed by the at
torneys for the plaintiff and for the Mayor. Alder
men and Commonalty of the city Of New York,
and the New York and Harlem Railroad Company re-
spectvey being read and filed, it is, motion OF the said
counsel for the plaintiff and by consent of the several
defendants last named ordered and adjudged and this
court by virtue of power and authority therein vested
the Mayor Aldermen and Commonay Of the city of New
York; be- and they are hereby perpetuay enoined from
granting authority permission the said defendants,
the New York and Harlem Railroad Company, or any
other company or person, to run steam engines loco
motives by steam power the Fourth avenue, below
south of Forty street in the city of New York. and
from removing repeating the existing prohibition against
doing and from repeating the ordinance resolution
a copy of which, marked schedule D. is annexed to said
complaint excepting TO the extent and for the limited
time and manner, and for the special purpose hereinafter
provided aud Also that the said defendants the New York
and Harlem Railroad Company, be- and they hereby
perpeuay enjoned from running suffering any other
company person TO any steam engine locomotive
by steam power upon the track of SAID New York and
Harlem Railroad Company on the Fourth avenue, below
south Forty street the city of New York
excepting for the limited time and manner, and for the
special purpose following, that is to say-for the
purpose of aiordng the New York and Harlem Rail-
road Company the reasonable time herein before
mentioned to erect new machine shop at
above Forty second street. the said the Mayor, Alder
men and Commonalty of the city of New York
hereby permitted grant authority the said New York
and Harlem Railroad Company for the period of eighteen
months from the date Of this Judgement and the said the
New York and Harlem Railroad Company hereby per
med the period Of eighteen months from the date of this
judgment or Decree but in event for any longer time,
TO run their steam engines or locomotives and ten
ders by steam power but without any trucks
other vehicle attached to- or from their present
machine shop at Thirty second street. in the CITY
OF New York, for the purpose of having said
engines repaired at said shop, but for other pur-
pose whatsoever and at the expiration of said eighteen
months from the date Of this judgment decree, the
said New York and Harlem Railroad Company hereby
perpetuay enjoned from running suffering any other
person or company to any steam engine, or ocomo
tive by steam power for any purpose whatsoever upon
their track said Fourth avenue south of Forty
and adjudged that as 10 the plaintiff and the defendants
in said action, the Mayor Aldermen and Commonaty of
the city Of New York and Harlem Railroad Company,
neither Of them shall recover costs as against the other
and the said action having been brought by the plaintiff
on behalf of himself and all others similarly situated,
who might contribute the expense of said
action and George D. Phelps William E Dodge, John J.
Phelps Peter Ten Eyck and Margaret Ten Eyck his wife,
James W White, David Evans, James suydam William
+. CALDWELL Lewis Watkins, Benjamin W. Whislock,
Isaac n Phelps, James Murphy, Hugh smith,
George T: oIphant, Edward lawrence, Charles
SON. William W. Miles, Benjamin F. PnKney John Reid,
Edward y. Dckerson, Adon Smith, Francis Leber, Abram
Duryea John Graf Aoram b Clark, Augustus Embury,
Edward d. Sprague, and Philip Reynolds, property
owners or residents in the vicinity of the Fourth avenue
and Thirty street, and who situated similarly
10 the plaintiff respect to the matters in controversy in
said action, having Tvspootivoiy contributed
10 the expenses of said action, it is like motion
aforesaid further ordered and adudged the plaintiff
and each and every of the said property resi-
dents, jointly severay, may at any time hereafter
upon any violation OF the injunction or requirements of
this judgment decree, apply to this Court upon the
foot OF this Judgment decree, otherwise they
may be advised for such further relief process order
may be necessary for the enforcement Of this judgment
Decree that may be for any other just or
proper in the premises.
Eticard Haigh The Mayor Aldermen and C6mmondlty
Of the Cityof Men York, the NeO York and Harlem Raul
road Copd and the Netu York and Neio Horen Railroad
Comparative hereby stpulate and agree that order
or judgment in this action may be entered in the form
above, and preceding this stipulation
c. W. SANFORD,
Attorney for New York and Harlem Railroad Co.
RICHARD BUSTED,
Attorney for defendants, the Mayor, Aldermen and
Commonalty Of the City OF New York.
CHARLES H. HUNT,