The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-12-31

cut distance, and until
out upon with the su!face The land Ip upon the
the estate Of Edward shippen Burd deceased The
SpoT1ty With "s to the be damages n on
The taking Of their land said company
were had thereon. that award made o ten thou
confirmed by the court and the amount thereof paid by
The bill further alleges that the defendant Henry NJ
Boyd and his agents. contractors, and workmen, have
part Of said strip Of ground so condemned to and paid for
% 9 cnp sd ON 9o % I'd
the mouth of said tunnel and actually engaged in
the and OCCUPATION Of himself aud certain other per
SO Ts shont forin % anu VINO Iave 10 nen
Of the West Ohesnut Street Presbyterian Ohuroh The
ground, and directly the arch of the tunnel afore
The def defendant does not claim to erect said building
ors under any % Ssp O the said from the
ordinance OF SSrDcis passed October ~ 1870 in these
Philadelphia do ordaR. that permission be and the
is hereby granted to the West Chestnut Street Presbste
street hespnt street, the Se1P T%epty
removed At at tP time hereafter thirty n0tico
passage Of resolution BY Councils to that r.
Upon the filing of the bill of compaip the usual
sSis9dsas Rps iq $d@s.S asts
Sder Of the c WheupoD be Wns 70 SoWs STe
S s @ qDf sss the ear
yer and to the names Of the trustees Of the
1t alleged that this answer was pat in pending pro
cse1ings for settlement of the difficulty, and with
While ConT. Of equity might in proper allow other
be justified in substituting other parties defendants
the the oSn to OF e and wh dS
the latter affidavit. and decide the upon
ThSt the DEFENDANT no right erect this building
has Shown no legal authority from any one to do He
is spas SER d The ORDNANCE Of Councils
and consequently has no suthoEits to erect structure
which the city could pOssib have had the
public M and s right
mot ne so o s Been & a a. to s build
some one Claiming BY through or under them 'H'
he t n 6s Ss d e
are not entitled to the equitable relief for bocause
Oad bS o e UG S @
not acquire title to the land 50 taken but oniy
ssa ssssy sss
pike, ordinary SouatTy road the fee remains in the
and on the abandonment disuse OF the grounds a
9f 5ss? % TsssH
JSnqPs Appeal + s,i I6 ssssnp LOpShs IBID
sd ssi E;6s1 %st;s fsHsas IS
Sss The psses s. a' isn
hs % the of S n Gaa is an h 3
fers essentially from the Of land taken for fan ord
very very nature o its the Security Of lie and
@ S Of All the sa
rent occupancy by owners any for any
sSSthsSts;; See Eaiyay CO. Davis, psS Bat A.
81 RsdfieiSs AMER Ra%ay oases asS % and Notes Ntes
SS enc whose land ha.
has
wc in the least degree endansers or enbarrasses It's
use the company for any Of II objects which the rail
for the of the fee to die urr along the line of the
noyance OF passengers travelling the oanys cars
And this it will be borne N mind was case between the
company and mere trespasser;
the right to the of the surface remains in the OF
& asG G & Se
ment by the company of their easement 1t is not
sSsss $sa could 6s SAID re other sids
Where made S through the iand
without disturbing The surface soil # amounted to
case the owner would be entitled claim damages for
Rs, the may cut and t.
Toy sOqa 6 q ss. h ahS to @ B1s
this there is no tunnel in the proper sense Of the
N
upon the Of the soil but the placed
R
ep'S aGSn Without Color pretended t hIs
land could add smother stSfs ter his
dcult to See where it would stop, and the
merely leaving enough the passage the trains
Such view is entirely inconsistent with that ex-
at s Of ns as 2d e. as
ai.ds. sRs ,I
wharf platform switch sde%sy lateral railroad or
or aS os
the banks excavation Of railroad aforesaid
mansgers Of the proper railroad company, :
bsT.oa 'Sa for Ss that ''p p
ifany person shall commence make such construc
tOn device without such shall
iOIm the direction Of the ehcer agent in the
form switch sideway lateral railroad crossing place OF
device aforesaid, such shall for every such
doaTs and the Caicsr agent having ehsrss Oi such
destroy every suoh obstruction device Aforesaid
Tins act reee,ed by our supreme Court in
trespass would not be against the ocsrs of raroad
was attempting build along the line OF the railroad and
who was digging into the lands of the road in order
6ave not sdverted to fact as to how far the buld
ing OF Sy lnurs the road or endanger Ia,
the view which take OF the law OF this The
arch The company was not bound to build i suoen en-
efn 90 ag Bdss hsSs xns
there danger now, what assurance have we that
chapel may let n the water in such way as aasey
s fs such the OF h
has Ia a., right to be protested - Th
life lost upon Their roads, Dan this to be- th
vs sonTo the sSs that
mere trespasser at his pleasure erect churches
BY the company for its and the pubc's protection
II we take from radIoSd sosgoTHtisS m the exclusive gs
to corresponding modification of the strict rules whic
apply 10 them when injuries result 70 persons
perty from the acts or omissions of their employees
This injunction continued until the further order
the Court. The erection OF this building continues
Special pSancton granted The piaintis i iSeS insis
upon t are o entitled ,s e dsras q
only erected for temporary purpose II Is possible ia