The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-10

the Act aforesaid, will ever be caused by
the construction of the Columbia and Au-
gusta Railroad over and upon the right of
way of the South Carolina Railroad Com
pany. Inconvenience will be occasioned,
some injuries done, and some money expen-
dltures for the repairs of such injuries; but
compensation verdict of the jury as REQUIRED
and ordered in and by the Act.
The last lingering doubt which troubled
my mind was whether such road-bed could
be laid through and upon the depot lot
without becoming hindrance. If the orr
ginal so feet claim had been persisted in, it
certainly could not. It's reduction to merely
sufficient width for the road bed gives it a
different aspect. The grades of the two
roads there are the same, both on same level
with the lot itself; so that petitioners track,
when laid and in practical use, will work no
real hlndrance or any serious detriment to
respondents. 1t may and probably will,
canse them some veXatious inconvenience,
by compelling their freight carts and
Wagons to cross over this unwelcome, in
trusive track, in their daily ingress to, and
egress from, the depot. This is rather an
annoyance than q hindrance In the
crowded city of New York, similar incon-
veniences and so-called hindrances are expe-
rienced. In almost every business street
the cartmen and truck-drivers are compelled
to cross the track of some city railroad
company. 1t somewhat incommodes them,
and exctes angry feelings, and causes much
hard swearing among the drivers, but the
owners OF those trucks and carts have never
yet complained of such railroad tracks as a
nuisance, or as real hindrdnce to the sue
cessful prosecution of their business So
here ut Graniteville, the employees of
respondents, in and about their depot, may
become angrily excited by being compelled
daily to see and to cross over this track
(which they may deem an opposition track
IN their very depot lot; but, in my judg-
mont, respondents will never find a hin
drance to the legitimate use of their own
road. Their own road-bed, and the track
constructed thereon, will not be invaded or
disturbed by the construction of the other
road; nor will their passenger or freight
trains ever be delayed, much less hindered
by it. True it is, they may be annoyed by
the occasional whistle of rival company,
so near to their own track, but no greater or
more alarming ''hindrance" to their use and
enjoyment need ever be apprehended from
such close proximity.
That no injustice can possibly result to
respondents, and no prejudice to their
rights is manifest from these two consider
atoms: l. That after petitioners shall have
ascertalned the Quantum of compensation,
and have paid or rendered it, they must
necessarily go back to the. Court of Equity,
in order to get the injunction removed; and
before they can ask its removal they must
show not only that they have rendered the
compensation, but that they have acquired
the right" (as provided in Judge Wizards
Injunction order.) Their suit in Equity,
now pending on the Equity side of the
Court of Common Pleas OF Richland Coun-
ty, embraces the whole Issue as to fright"
and every point must necessarily be adjudi-
Gated upon when they apply for leave to
proceed with their road. 2. From the ver-
dict which the jury may render under my
order, there is given an appeal which will
bring the matter again before me while pre-
whether my judicial action now is resulting
to the prejudice of respondents. If the
rights OF both parties shall not then have
been adjudged in said equity suit, it will be
within my discretion. as q Judge, to con-
tinue the case from term to term in order to
prevent injustice. and to continue it until
the questions of right shall be decided. 1t
is, therefore, not only in the power of the
Court of Eqnity to prevent the injustice
which respondents fear may be the result of
my order as a preclude HiOn of their question
of right, but equally within my own power
to prevent such injustice, by refusing to
allow the case to be tried on appeal until
those questions shall be decided.
1t is therefore ordered and determined
that the prayer of petitioners be granted.
The order 10 the Clerk of Common Pleas,
of Edgefeld County, will be issned accord
ingly. H. PLATT,
Judge of Second Circait
AT CHAMBERS, December II, 1865
On hearing the petition in this case, it is
ordered that the same be filed in the office
Of the Clerk Of the Court Of Common Pleas
for Edgefeld County.