Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-08-04

THE JACKSON 4 SHARP co. AGAINST THE T.. ". Il
III II. II. oo.-AN INJUNCTION RESTRAINING THE
RAILROAD COMPANY FROM TAKING VI TRACKS.
AT an early hour on Monday morning, an in
junction was served on the President % the
Philadelphia, Wilmington Il Baltimore Railroad
Company, restraining the Company from taking
up the tracks connecting their road with the
works of the Jackson n Sharp Car Company.
The injunction was granted on Saturday, by Chan
cellor Bates. The facts az set forth in tile COM
plant filed, are therein stated to be al follows:
In lS63 when the firm of jackson & Sharp
predecessors of the Jackson & Sharp Company
began to erect works near the Railroad for the
building of railroad cars, they arranged with the
Railroad Company that sideng should pc put in
connecting their works with tho Company's
tracks. This arrangement was u prerequisite
to the erection of the works. In accordance
with this agreement the Railroad Company. at
the joint expense of itself and the firm, put
down tracks, running them across the Jackson
Sharp Company's property to its works The
number of such tracks has from time to time
been increased, the railroad Company having
put down additional side tracks within the last
year
During the seven years that have elapsed
since the works were erected, the firm have
added new buildings, and otherwise increased
their facilities until from comparatively small
beginnings they have become worth about
1850, 900; this value for their present uses
being dependent, however, on their continued
connection with the Railroad Company, and
without which the many large and valuable adj
dltions to the buildings would not have been
made
In January 1863 a man named VIM Patterson
in the employ of Jackson and Sharp while work.
ing in an old car the firm had received from the
Railroad Company to tear up and return to the
Company the irOn met with all accident which
caused him serious injuries. The accident was
caused by shifting engine of the Railroad Com
pany, suddenly pushing freight car on to the
sdeling, the car striking the car on which Pat
terson was at work The engine went on the
track Oh the railroad Company's business. and
not for any business connected with Jackson x
Sharp's business.
Patterson sued the Company for damages and
at the May term of the Court this year, received
$4,000 damages, on the ground that the accident
was due to the negligence of employees of the
Railroad Company. Tie Railroad Company de-
| manded that the Jackson X Sharp COMPANY. IN
corporation chartered by the Legislature. and
succeeding the firm of Jackson Il Sham. in thc
ownership of the works. should reimburse them
for the amount, the accident having occurred ON
| sideling laid down for the accommodation of
| the car works.
The J. y. Company not complying with this
| demand the Railroad Company threatened to
take up the tracks early this week whereupoi
| Job H. Jackson, President of the J. IL A. Com
pany applied for an injunction, alleging that
| such action would destroy the value of theiI
works. The Chancellor granted the Injunction
and at an early hour ON Monday morning Deput,
Sheriff Herbert, served the writ on Mr.. Hinckley
President of the p. W. n b. Railroad COMPANY
Here the matter will probably rest until il come,
before tho Court Of Chancery, at its next session
SERIOUS ISSUES INVOLVED.
The issues involved in the trial of the ease ar,
likely to awaken great public interest. especial,
among the manufacturers Of the city. Ii i
held by them that il the Railroad Company il al
liberty, at any time, to take up the aidings con
intr NIT lurn ind, ut. ;aI
done to their owners might lie very great. ol
positively ruinous, and the uncertainty attending
the success of such works might. ON this account
greatly interfere with their establishment at ali
Whether such right belongs to the Railroat
Company will lie one of the most vital issues il,
the case.