The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-08

The Erie and Lake shore Railroad Contest
First Blood for Erie--Another Injunction
Granted.


Before Judge Barnard.
The Erie R1A,cav Company Us The Lake Shore
ana Michigan Southern Railroad Company and
me Neer York Central ana Hudson RsUer Railroad
Con,panv.--On Friday last this case was argued be-
fore Judge Barnard on motion for partial in
junction on the part Of plaintiff and on a motion
Tor postponement Of the hearing OF the motion on
behalf OF defendants. The motion for postpone
ment was granted but the motion for the Injunction
was reserved for decision until yesterday, when
Judge Barnard decided to grant the order asked for
with some modlncatQns
: @'- TIE ORDER AS MODIFIED.
On reading and filing the summons and complaint
duly verified BY the president OF the plaintiff the or
der TO show cause why an Injunction should not be
Caldwell and others, and after hearing I. g. Shear
man. Of counsel tor the paintin, ana ]. po0itte,
8, 7 Farchild, A; P. Lanning and W A; peach
PENDANTS having asked an adjournment OF this mo-
ZION to enable them to prepare affldavis In opposl.
DrdefeS I That until the further order Of this
Court, the defendant the Lake Shore and Michigan
Southern Railroad Company, ITS 9nlcers, agents and
tauonl with o view or which may tend to
cause pe6ns to purchase any ticket aa
Hudson River Railroad or any part thereof,
as the road to be travelled in preference to the
Erie Railway. and from giving any advantage &c. or
which It opts to give TO passengers by the latter,
and from doing anything which Will In any wise if-
nuence any passenger To travel on the line Of the
New York Central and Hudson River Railroad Com
pany. rather than on the line OF the Erie Railway
g T. That in like manner the said defendant, the
Lake Shore ana Michigan Southern Railway Cont
pany s Officers agents OF Servants refrain from
facilities, and from Withholding the same and like
cooperation respect to the way bills, bills OF lad
ing, trans-shpment, reception and forwarding OF
any and all property and merchandise which may
come upon any portion OF the road owned controlled
or operated by the said defendant, when SAID pro-
perry is intended or marked to go BY way OF the Erie
Railway which would be or is intended or allowed,
had such properly peen marked or destlned TO 70 e
5. That said defendant the Lake shore
and Michigan Southern Central Railroad Com
pany. its Officers agents and servants, refrain
from ai,cwing any reduction, drawback, allow
rebase or oter advantages including
nay Of the line OF the New York Central and Hudson
RIVER Railroad, or any part therv~H winch y does
S @ RsSs sn Is any
TO the former class OF cOnsgnors or coDsgnees any
advantage over the latter.
Of the injunction asked by the plaintiff be adjourned
20 special term of this court to be held at the Court
House, in the city Of New York, on the 10th day q
September, 1870, at ten o'clock A. NJ, on condition
that the defendants may at that time and place
move for q dissolution Of the injunction herein
granted without further notice.
8. That Willard Bartlett be and he Is hereby APP.
pointed referee, TO take testimony behalf of all the
pdILeS ueIciil W Dt Tctu Ou Tie HeifInK OF mo-
ri0n, win power to compel the attendance OF wit
1esses and the production OF papers containing
4ence material to the said notion and thar lie report
the evidence taken by him to this court eight days
before the time appointed aforesaid for the hear
ing OF the notion and testimony may be taken be-
fore the court senOgrapher OF the Eighth Judicial
district in like manner and reported at the same
time. II III
O. That the plaintiff be at liberty to read on the
hearing OF the said motion, any afiidavs OF which
copies have been served upon the attorneys for the
4efendants at least -four zen days before the actual
hearing; that the defendants serve upon the PLAIN
mrs attorneys copies OF all papers to be read upon
the hearing at least five days previous thereto, and
the plaintiff may read upon the hearing additional
4nndavlts in reply to new matter contained in the
Defendants papers. Thus the case stands.