The New York herald., 1870-06-30
SUPREME couaf-csAMacss.
The Erie Railroad LiGisafion-Ieuv Suit
for Damages.
Before Judge Barnard,


The Erie Rait,cav Company Us. me Lake Shore
ana Mtcht0an Southern Railroad COMPANY ana the
,Ne,o York central ana Hudson Rtrer RaRroad
Con,pdnv-The complaint In this action states
that the track Of the Erie Railroad Is SIX feet In
width, while that or the Central Railroad and its
connections is only four feet eight and half inches
rendering IT impossible for the cars OF one line to
run on the track o. the other. The Central line OF
railroads mad caused the formation OF corporation
for constructing railroad 10 the boundary line OF
Pennsylvania and the Erie Railway Company had
formed o corporation with the same intent. The
Cost OF constructing these roads would be large
therefore the two companies agreed to combine their
n ws DECIDED Ss ps oaS BE- psaa q @
ierent gauge from the New York and Erie and the
Ia 1865 the Lake Shore ana Michigan Southern
Railroad Company consented to connect with the
bunspi SG and ejSst Hs Asstra r 3 B as ts q
Lake Shore and hichigan Southern Company now
acts entirely in the In erst OF the New York Central
and HUDSON River Rairoad Company, and has vio-
lated the contract made With plaintiffs. 1t has alter
ed It's gauge to accommodate the Central cars which
has has Initiated as alleged against the New York and
duce persons to buy tickets OF the Central Railroad
and sell tickets farther west than Buffalo, and It mas
In many other ways favored the Central Railroad
! u claims. further. tnat the Lake Shore and
Michigan Southern Railroad and the New
s.. YORK Central It. and andson River Railroad are
persons, the president OF the former corporation
being the son-n-law Of The president OF the latter
stfoning managers Of each corporation being de-
'srous OF acting adversely TO the interests OF the
plannS Yesterday The case before the court OH
an order TO show cause why a preliminary Injunction
should not be grained restraining t4 rolling stock
<A-Ss Central Railroad and Hudson River Railroad
from being moved 10 the track or the Lake Shore and
Michigan Southern Railroad, or rice oeysd, and from
allowing the Lake Shore Company 10 run d railroad
OF narrower gauge within the rails than four feet
zen inches. Also TO prevent the Lake Shore and
Michigan Southern Railroad Company from selling
tickets farther east than Buffalo.
Inc Injunction asked contained many moro
clauses OF a sfmii ar nature.
The defendants stated they not ready to argue
the motion aud asked for an adjournment.
To this counse for plalntin said he did not object
but asked that preliminary Injunction be glanted
The plamtifrs then submitted the order. which
Judge Barnard said he would look over, and would
decide whether or not to grant 1t.
The argument was then postponed for sixty days
to afi0w the DEFENDANTS time to collect aflidayfte
Inc amount oil damages lor breach OF contract Is
placed at 81, 900, 600.
More Erie Litigation.
The Erie Raaray Company, James Fisz J,,., ana
justin d. White gs. John Benjamin. Heath ana
Others.-This case came up on an order to snow
cause why an Injunction and order appointing a
receiver should not stand permanent Counsel for
paintiffs began his argument by stating that Mr.
Burt. the agent OF the English stockholders, having
ielt The country, no papers were served upon him.
copy OF the papers had been served Messrs. Evarts
SOuthmayd Choate. delendants' attorneys They
had not put In appearance; but beng desirous OF
giving them an opportunity, lie would suggest an
adjournment OF the nearing until the third Monday In
July, which was accordingly done.
4 Aabeas Corpus Case.
IN re Caroline Louisa De GYushe.-This was an
application by Adellne, the mother OF the child for
her custody, claiming that the child had been taken
away from her some time ago. The father and
mother have botn instituted suits for divorce charg-
ing each other with adultery neither OF which are
yet concluded The Court ordered testimony to be
taken ana gave the child to the custody OF her
mother.