The New York herald., 1862-10-22
THE SEVENTH AVENUE RAILROAD.
Important Case or the city Against the
stnte--sIotion Tor a Perpetual Knjunc-
cyn.

I'm porfant Case or the City Against the
State--sIotion Tor Perpetual xnjunc-
tiou, dc.
SUPREME coURT--spEcIAL TERM.
Before Lon. Judge Ingranam.
ocr. I.-Ihe Mayor, de-. Of NeO York, Us. John Kerr
and seel othesfhis Is motion for perpetual injunc
on 10 restrain the defendants proceeding with hc
construction Of the Seventh Avenue Railroad the work OF
which has been already commenced The plaintiffs COM
plain that they ancient corporation, and under
their charter possessed Of divers property and iran
ch Of great vlac; that among these are the Streets
avcnc,s and thoroughfares Of the city, the right to
the FREQ au.n and unobstructed use thereof, and
the right ana 'snchise of laying out and regulating
The same the Office o. licensing and Of limiting (at dscre
ton OF hese naiu.insl - plumber of those who carry
for hire within tho said city al OF receiving and having
TO these planti, their prcpe' ices, @0; ior the
licenses and permits 50 given; aud shep n'nS @ nsc
from time inenori possessed and eat ad ana under
their have and on the exclusive right ld pro-
perty controlling ard licensing all those who use the
said streets and thoroughiaras for carrying thereupon
persons and property for hire The plaintiffs further
show that they have al great expense paved said streets
aud regulated the same and made them convenient for
the passage and travel OF the Inhabitants CT said city
These plaintiffs further show that in violation Of these
rights the defendants on tho Is oil September last and
divers days broke and entered tho Seventh
and Broadway both being public streets and highways,
and from FIFTY ninth street in said city, along said ave.
nue, southward to Broadway, and from thence along
said Broadway, in The same general direction, and
greatly obstrncied AID Injured the Seventh avenue and
broadway.
Tie plaintiffs commenced action in this court on the
TIA c October T. damages against the defendants
70 he amount OF ,0oo Notwithstanding which the
deendants s II alleged did not desist from Their pro-
cocdmes and now demand that the defendants be per-
petnay restrained from digging nto or otherwise inter
ieTmg or msadlng with aay OF tie streets OF the CITY
aud from placing stones bcrs and rails in tho streets,
and from rrng or other vehicles thereon or hire;
and Tint during the pendency Of this action, they be like
wise resraned and that these plantns may have such
fhel or ohes order or Judgment herein as TO the court
sha. seem proper besides the costs OF this action.
affidavit
one OF tho defendants read by Mr.. H. w. Robinson
II that the persons so engaged arc them
tho original grantees named Ia the entitled 'An act
70 authorize tho construction of railroad in Seventh
avenue and in certain other streets and avenues Of the
city OF New York; passed April IL, 1S60 and others
the OF several Of the original grantees and the
acts 50 done by them have been done by virtue Of the
grant and license contained IN said act That in laying
The rairoad lar they have progressed herewith
they have constructed the upon tho most approved
plan for the construction Of city railroads and have been
careful to create no annoyance or Inconvenience tohe
public except such was necessary for that purpose
And they have progressed and laid said railroad they
have restored the necessarily disturbed, and
made u better in many places than 1t was before That
this has not has any other OF said grantees
or oi said associates as deponent is informed ana De
eves intention OF running vehicles upon said
railroad without paying the plaintiffs the license fee
annually for each thereon required in and by
the act authorizing the construction of said railroad
That neither at the time OF the passage Of the said act,
nor at any time since, have the plaintiffs had, held
streets avenues except such has been conferred
upon them under proceedings had or taken under the
provisions Of the entitled reduce several
laws relating particularly TO the city OF New York into
act passed April 1Sl3 and the several acts in ad
don to and amendatory thereof have said plaintiffs
any private right property in control over said
streets and avenues in the thereof which Is not
subject to the control disposition OF the legislature to
the extent and in the manner they have by the acts
authorizing the construction OF said railroads. assumed TO
control and dispose thereof.
Mr. W. H. Anderson, Assistant Corporation Counsel
hcn proceeded TO open the the part OF the plain
tits. He said that he believed that this tho first
time In the history Of railroads in this State that the Cor
poration OF the city OF New York appeared plaintiffs in
court seeking for their rights claimed under charter,
to be protected from the action OF the Legislature Of the
State And in the view of Counsel OF the Corporation
there has boen adjudication of the question: even by
Inference that in any be conceded As preu
dicing the rights which claimed by them. The de-
PENDANTS had court and presented their ust
caon as under an act OF the Legislature Of the state
PASSED in 1860. that the question fairly pre-
sentcd for adjudication to what rights the city Of New
eloquent to refer to the charters Of the
city and the decisions Of all tho up TO the present
time In conclusion he said that there was no case yet
decided IN which the issue tsas presented with
respect to the rights Of the Corporation, and where
decision has been made adverse TO its rights But In
every the books IL had been maintained that the
Corporation had rights and several Of the cases sustain
OF its grants Even every railroad which had been
constructed in the city had been constructed with the
authority Of the Corporation. The proposition they sub
mtted their right, under the charter and under the
various decisions referred to in tho laws, to grant this au
hory TO make and construct railroads throughout the
city.
ExChief Justice Bronson said, in reference to remark
from his Honor TO allegation in the complaint Sin
voat ION OF said chaters Of the city, that he held tha
the allegation following further say in viola
tion OF the rights &C., Of said paintGswas complaint
enough.
Judge Ingraha said f tho other side did not make any
objection the complaint could stand.
The case then adjourned until Wednesday (today
twelve O'Clock Counsel for the Corporation, exChef
Justice Bronson cx-JudGe Pierrcpont and Nj w. H. Ap
derson For the dccndants, Messrs. Charles OConor
and II. W Robinson
The Turf.