The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-19
RAILROAD RIVALRY.

1NA4LI\OAo M v AAA
THE SIXTH AVENUE HORSE CAR coMPANY's
COMPLAINT AGAINST THE GILBERT ELEVATED
ROAD.
Some time since application for an injunction
made in the Superior Court by the sixth Avenue
Railroad Company RESTRAIN the Gilbert Elevated
Railroad Company from constructing their proposed
railway The ground which this action was taken
is that tho Gilbert people have in violation OF the pro-
visions tho act Incorporating Them nfrnsed upon the
rights OF the Sixth Avenue Company and have resolved
on carrying out plan Of operation entirely different
from that at first proposed and provided for by law
Tho plaintiffs claim that they railroad corporation
duly created under an act OF the Legislature OF
the State OF New York. and such have
been for more than twenty years the exclusive
OF the Sixth Avenue Railroad that they also
in fee very valuable property located along the route
and in consequence OF that possess all the rights and
privileges that avenue which lawfully apportain
to the ownership OF premises AUDITING upon public
street They claim that June A. 1851, the Mayor, Al
dermen and commonalty Of the city, adopted certain
resolutions prescribing specifications To be observed
the management OF the road and providing rules for
the government of the company which f folnlled
entitled them to carry out their scheme Of
ton in its entirety and to upon their road
as often as the public convenience might require.
BY reason these resolutions and the matters per-
tanning thereto made between the plain
tifs and the city by which the railroad and appurtc
nances, with full franchise and use, granted to
them Relying upon this contract and grant and upon
the maintenance OF their integrity, the plaintiffs built
and completed their railroad furnshgd 1t with large
number OF cars, horses ana whatever else rcqui-
site and erected for its and that of its aduncs
large and extensive buildings the whole neccssitatng
outlay or over 81, 600 600.
Ever since the completion Of the railroad they have
bad possession OF II ana exclusively operated IT,
ming over II us many cars as public convenience re-
CURED and In repairing improving and properly using
II have strictly observed the provisions set down in tho
resolutions, fuilmcnt Of which involves them In
annual expense exceeding S500,000
This railroad was mostly constructed and In opera
construction OF railroads in ces by the Legislature
and by this act the resolutions Of the Common Council
and the between the paintins and the cty
In relation to the railroad were duly confirmed
The plaintiffs furthermore contend that the defend
Incorporated BY act Of the Legislature OF
the State passed June H. 1872, aud thereby
powered to construct elevated railroad opcr
at.d by the plan known as the "GIIberts Improved
Elevated Railway and provide The necessary sid
ngs stations and platforms requisite to convey pssen
gers according TO the methods specified. These con-
stituted the plan of tubular railway operated by
pneumatic power In this act 1t pro-
videi that this corporation wond enter upon
tain streets and into the soil OF the same
that they construct their railway the thorough
and artistic manner, OF sufficient Dimensions for their
would unimpcdcd traffic beneath II was pro-
vided this railway should be SUBSTANTIALLY sup
ported above tho middle OF the street by iron arches
spanning II from curb to curb tho bases Of which
should not when practicable, be than sixty feet
apart the arches less than y ect from each other
that to secure the necessary foundations for these
arches would be lawful to make such excavations in
the street should be necessary from time 10 tme
and make therein and thereon such structures would
stability and rmucss providing that the original
appearance OF the ground be restored and that the
openings interfere with underlying mains.
net Wn N SO in IN bo
structon OF n tubular railway supported and oper.
ated and does not authorize tho construction Of any
other kind Of railroad Notwithstanding their utter
lack OF right 10 do so the defendants intend build
ordinary elevated railroad TO be worked by loco
motive engines and TO DO supported straight trans
verse Orders. resting on iron columns which, instead
OF being placed At the curbsoncs to be in the road
way close to tho plaintiffs railroad This elevated
abroad, instead OF being from thirty to forty feet
above the level Of the and enclosed tubes
TO conceal the movement OF the and action OF the
locomotives, is to be much lower and entirely
cred. For the construction Of this railroad the
defendants have urlawiully made openings in the
roadway close to the plaintiffs tracks, they intend
II their convenience shall require IT. to remove the
rails Of these tracks and IN the erection e temporary
bridges to interfere with the practical working OF tho
road.
In view OF these circumstances the plaintiffs contend
that then grant Of the railroad Is invaded and full
hlmcnt OF the plan proposed would inlict upon them
special and irrcparable damages to large amount
the annoyanccs TO which It would subject them. The
erection OF iron columns al the points designated
IN the roadway would bring them within fifteen inches
oil cars passing and rcpassing and standing, they
only thirty fvc fcct Gf them would DO
passed less than ever four seconds.
The plaintiffs hold then that hedging IN their rail-
road between such row OF iron columns would inev
ltaby lead to and frequent accidents in col
lisions the part OF passengers, and especially OF
women and children, In getting and of the and
in the breaking inuring OF such passengers heads
and when protrudcd outside. And that the run
ming OF trains OF propelled by locomotive steam.
engines upon the contemplated elevated railroad would
the plaintiffs railroad aud render its operation
impracticabic- That the plaintiffs compelled, by
their charter. 10 operate their railroad by horse power,
fhaff ~.
1000 10 200 horses about oncthrd OF which arc new
horses comparatively wild and un,ractabc and unused
TO even the ordinary sights and sounds which take
place the streets OF large city, and that the noiso
and smoke of train OF propelled by steam power,
passing directly overhead would tcmy these horses
10 render them unmanagcablc and cause them
away to from the track, and TO injure
themselves and smash tho to which they should be
attached against the iron columns and that the like
hood OF the OF such accidents would deter
people IRON riding IN the plaintiffs cars from mp
prencnsion OF the personal injury which would be oc
casoncd them thereby That besides the planting
and horses would be liable 10 injury and beng
solcd from the droppngs OF IRE and cinders and the
tracks and their passing trains That as the
plated elevation OF the supports TO the dccudanis rail-
road are. the plaintiffs are informed, TO bc only from
twelve fourccn feet above the s1rface OF sixth ave-
nue. IL the plaintiffs should be required las they may
bel 10 upon their railroad kind OF cars employed
on other horse railroads, which are higher Than those
used, and with seats on top the space afforded
would not admit OF their passage
Moreover. as owners OF property along the route the
value Of which Is largely ow,ns g the present sSnd
vcrcy suffer nom the erection OF supports which
would greatly impair its usefulness and seriously OBJ
struct lralc u, apart from the injurious effects
arising the noise. smoke dirt Of passng loco
motives on these grounds the plaintiffs demand that
The Gilbert Elevated Railway Company be cnjoined
from constructing any such railroad along Sixth ave-
nue. as they have contemplated.
GREENWICH STREET ROAD.