The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-10
The GridirOn Railroad.
THE ACT THE LEGISLATURE DECLARED UNC0N-
STITUTIoNAL-THE INJUNCTION CONTINUED.



SUPREME coURT-cuAMBERs.
Before Hon. VIM. II. leonard.
JAN. o-The People Of the Siate gf New York, The 7rus
tees Of the Sailors Snug Harlor, in the CITY of Neo Pork,
James Broun Il al John Kerr ct al.-The Legislature
at their l session enacted law authorizing John Kerr
and others, defendents in this action 70 construct
railroad in the city OF New York; running through Greene
street. University place. Broadway and other streets,
route commonly known as the broadway parallel"
10 be constructed the most approved plan for city
railroads. and often the convenience Of passen
gers may require and to be subject to such reasonable
regulations US the Common Council may prescribe,
ard TO the same fee for license for each car
as is now paid by other city railroads In tho
and their assigns 10 charge the rate of
is charged by such other city railroads. The
grantees authorized to run upon the track of other
railroads In the prescribed route and in they cannot
agree with the of such route respecting the COM
pansaton thon is to be ascertned according TO the
provisions OF the General Railroad act passed In 1850
The act then contains the following provision in regard
to compensation for such real estate may be TAKEN
vzshoud any real estate, or interest therein, be re-
CURED for the purpose OF constructing said railroad on
said route or routes above specified and authorized,
or which tho persons above sanod or thor assigns,
shall be unable TO agree with the private
for the purchase thereof, they may acquire
the right 10 use, or tito to- the same In the manner
&c specified In the said General Railroad act OF
1850. The act further provides that " in all
cases, the use OF said streets and avenues for
the purpoee OF said railroad 40 herein au.h,-
VI,
with the uses for which the Mayor, Aldermen ard Com
monaty Of SAID city hold said streets and avenues" Tho
other company formed under the General Railroad
1860 to construct railroad the route and from
oong any other act 20 hinder delay obstruct tho
etrIctou operation Of the railroad authorized by this
act; aud IT makes IL tho duty OF the Mayor Common
Council and other officers Of the city, to promote the
construction aud protect the operation OF tho raroa
and declares that any act thing done In violation Of
that art sha be imperative and vo and directs that
all actions relating TO- affecting arising under this act
or the authority thereby given. shall be commenced Ia
The supreme Court Of the Fleet Judicial district repeas
I'll laws noo sstent therewh and directs that it shall
Jake elect mm,sd6,ely temporary INJUNCTION was
John Kerr and others, the grantees named in the
said act, and tho Mayor, Aldermen, &C. from laying
down the railroad and from doing act thing under
the said act OF the legislature and aiming the Mayor
Aldermen, &c from doing any net In furtherance Of,
promote O. struction Of the railroad 80 authorized
or In aid ul the saio grant The plaintiffs the
Court IT, rnaae the injunction permanent pending tho m
CATION Inc paigt rs, other than tho people aege that
they are tho owners q land along the limo Of of the
streets where the route Of the proposed railroad
,horizcd TO be aid Gi that they the Of the
tee f tho streets In front Of their lands, subject 10
public thereof streets and that the laying Of
railroad track would DO specially injurious to them Ia
obsructng tho approach TO and OF thor factories
and buildings erected ON their lands fronting on
The streets so TO no occupied by the railroad;
and that their lands viii be dcteroratsd n
value, and that the general object aud public
the privileges granted by this act worth )re than
mpn oi dollars and would, IL sold, produce that sum;
tcresed ~ taxpayers, in preventing tie giant OF such
sarab franchises belonging To the city OF New York
without eonpensaicn that the reFoad will constt ito
nuisance - to the public and 10 the plaintiffs, VINO
tho owners of land along the s route that the grantees
ere about laying down tho ral track 50 AUTHORISED
without making any compensation for the uss OF the
sneets TO b. occupied thereby either to tho plaintiffs
whose nts abut upon the streets 10 be used to
tho CITY Coippra ion In violation OF the constitution
that tho partifs fear that the Mayor, Aldermen, &c.
will proceed 10 give their assent TO the said act and
the grant therein, to Their great damage as Of
payers The plintils also alogc that tae act
IN question was adopted by less than two
lature in violation tho article in tho Constitution
requiring tho public moneys or property TO be appro-
praioo for local o private purposes only BY the assent
ct wo-thirds Ct all the members elected The defend.
contest tho statonents OF tho plaintiffs particularly
respect TO their title the and Ia front
Of The land owned by thom along tho sad route The de-
cndsnts exhibit deeds, showing grants Fec TO the
May or, Aldermen and Coramonay OF the city OF New
York sor tho land constituting the streets upon which
the lands Of all the individual plaintiffs nccdig also tho
sailors ubor front (except the lands OF the plain
TN yaran) for the OF the public strecls
The land constituting that part Of Broadway upon which
tho land e. tho plaintiff vArinn fronts Is shown BY an
davs 70 have been In public street highway
or over oDe hundred and nfy years or to have boon
Wy WAS strengthened, and its locality, In places,
wa charged for that purpose several years sincs
Judge Leonard delivered elaborate opinion In which
he p-onouncei that the planti0s had title tho
euect IN front Of their property other than the public
generally but that the act o. the last Legislature autho
rring defendants 10 construct tho railroad invalid,
II rcpugnant TO tho provision OF tho consii
tuton which orbits private property TO DO taken for
pbic uao without compensation. The Court considered
that as tho streets and ranches belong TO the Corpo
ration tn. Legislature forbid them 10 place any
obstacle In the way Of the construction Of railroad such
M tho depsnd for adequate compensation might % con-
sidcrc The motion 20 continue the injunction TIL the
hearing d,con Of the n accordingly granted
with ten do1ars costs to the party finally prevailing
thcrsin
For tho plaiif,s VIM c. Noycs and Vim. Allen Butler;
for tho oeisndants Charles OConor and VIM NJ Evarts
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