The Portland daily press., 1873-11-03
Municipal Court.



sArURDAT.-Portland Railroad COMPANY vs.. Ber-
ry Complaint for obsuucing the track Of the street
railroad on Congress street by allowing horse to re-
nain on the track while loading team from store.
II seems the team had backed up to the store, and
the horses head was over the track about foot, bu
30 much as TO make 1t necessary for the driver to
leave his and meve the horse, while passenger
took the reins and drove by.
The complaint was made by the road to test the
ueston how far the railroad had the exclusive right
TO the portion Of the road occupied by them and it
seemed TO be admitted that the defendant had no
right TO use the road occupied by the track any tine
however Short for his fence, but only SO
far his necessity required. The defendant remain
ed on the track about five minutes, when he could
have avoided being there at ALL turning his horses
head to the right left by taking in his load at
the side of his team.
1t seems that no express malice or intention to
commit an offence need be shown. As the court said
in State VS.. Temple, Ia GRAY, in similar 1t is
wrong eff one wilfuly pursues his own private ad-
vantage regardless of the rights OF others, and in
plain violation of them"
1t to be the established law that street rail-
roads have the exclusive right to occupy their tracks,
and that other travellers cannot occupy them at all
unless absolutely ,essary and then only SO long
the necessity exists, to the obstruction of the
Ii JraVeilers upon IDe track Wien the cars
come along, they must move-not at their conven-
fence or in a reasonable time, but at once
The court in the case cited, says: "while the
track was not required for the cars. perhaps the
teamster had right to it, but when required for
the cars, which could pass in other mode he had
no legal right to consult his convenience, to the
great inconvenience the actual injury of the equal
ri hts of Others If be said the obstruction in this
case was very slight that the delayed but
very short tme the is that this is very true
and the injury may be rihing in itself but indicated
ofght, it tests principle of very great Importance.
If the driver of heavily loaded truck wagon may
for his personal convenience, rail of the track
wilfuily for few hundred feet others may use the
other rail for like purpose, and for any distance
which suits their convenience. Cars which, at the
ordinary speed OF horses in carriages, would pass
given space in one hour, may be three tour in
comprising it. Passengers whose business require
them to be at the place of destination al liked time,
may find their business greatly damaged" &c. &c.
The defendant pleaded 1iOt0 cOntendere, and was
cognzed to appear at the May term of the Superior
Court.
AS the complaint entered to try the question
the relative rights Of horse railroads and other
travellers the Streets and not from any DISPOSE
ton nure the defendant the counsel for the road
consented that the defendant might give his personal
recognisance without suretes for appearance at the
higher court.
Mr. McCobb appeared for complainant and Mr..
Redlon for respondent.
Samuel Kyle and Peter O'Connor. Search and seiz-
ure. Fined $50 each. Paid.