The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-01
Answering AfidaVih in the Ninth Avenue and
New York Elevated Railroad Suit,
A CLOUD OF WITNESSES FOR RAPID TRANSIT.
Six Years Fight Over a Check
Certifcation.
Important Decisions in the Blocker
Street Railroad Litgatons

irrad and The New YORK Elevated kalroau, IN whcn
temporary injunction was granted IN the Court OF
Common Pleas, by Judge Joseph +. Daily, restraining
the completion of additions and improvements being
made on the Elevated road has been already noticed
in the HERALD. When the matter before the Court
few days since, yesterday fixed as the time when
aidavts should be filed on behalf of The Elevated road
In opposition 10 those on which the temporary injunc-
lion granted against 1t and is sought TO be
.inued and they fled 1t may be stated that
he grounds which the Ninth Avenue Company seek
not only to restrain improvements the Elevated
road, but also to stop the of the dummy engines
thereon. that the charter docs not
rant the use of such engines; that the running
Of the road impedos public travel The street, i'm
pedes travel the PLAINTIFFS cars and righiens, de-
moralizcs and sickens the horses The defendant
It's side asserts it's lawful right TO the Of the
engines; asserts that its road is great public con-
venience and Ina, II Is not plaintiffs horses that are
sickenel by defendants engines, but plaintiffs
finances that have become sickencd by defendants
successful competition The substance of defendants
lfidavits are given below
Milton COPYRIGHT, the president of the New York
Elevated Railroad Company during the POST eighteen
months, in addition to facts already published in
other proceeding against the company that he
has been in almost constant either
gnccr contractor director of In connection with
public works for forty years. mostly IN tho
aud management Of railways, and Tor long
time has been director OF several impor-
tant railway compan;cs that Tor the last
eighteen months he has devoted himself al
most exclusively 10 the management, super
ntendcnce and business OF the defendants railway in
said city; that he passes over its road almost daily,
and knows and is familiar with the property along the
hne Of its route from the Battery Fnynntn street,
and that the is not diminished in value iuiuri
lc or O d
defendants road, but, the contrary, the property
along line oil the road IS, his Judgment increased
In value account of the greater facilities for travel
supplied by the defendants road that the defendant
sixty trains daily, each way, between the
Battery and Fi.,y-nin street, carrying be-
tween COCO and 1900 passengers daily; that
IN order TO the said road tbeing only
rack, 1t is Indispensable that turnouts, sidngs and
witches should be constructed and maintained allow
rains TO pass and rcpass that trans NOW run at in
ervals OF about twenty minutes, and that ii thcre
were sufficient number OF turnouts, sidngs and
switches constructed along the line ROAD trains
might be MT intervals III minutes, aud thereby
better accommodate the travelling public; that IL
necessary that the turnouts or sidings mentioned in
the complaint i'll this action should be constructed Tor
thc Use of the defendants road and the same are au
thorized by law and have been duly approved by tho
Commissioners; that tho distance from the surface
road car windows to the defendants columns IS such
that they cannot endanger the life or limbs of the
passengers in plaintiffs cars; that deiendant has cx
pended large sums OF money IN and about the prcpar-
for and constructing and operating OF the said Ee
j. A. CowIng, the secretary of the road, in addition
10 matter substantially the same as that contained
the foregoing affidavit OF Mr. COPYRIGHT, swears that
his has been in successful operation during the
past three anu more with progressively ncrcas
ns requirements and iacities that the public require
ncnts have constantly exceeded the facilities
given time; that said road not nuisance but Is
great ana needed pubic convenience saving about one
hour daily all passengers who ride TO Thirticth
street and proporonay more time 10 those who ride
greater distances. He denies that The deendant's rail-
road has heretofore ntcricrrd, or that the new
sructions contemplated viii interfere with the work.
ings or beneficial enjoyment OF the plaintiffs surface
railroad; that the operation OF defendants road aud
the contemplated additions and improvements TO bc
added thereto In way interfere with n
lure defendants or cars passengers or horses
that the oath met del oncnt, at trip and
the Battery tho said elevated road AT midday,
nue',o the Park and in the them,
iolows-From tho Battery 10 Ninth avenue, 4+2 from
tho junction OF Greenwich street TO the ParE, 307 from
Tho Park Greenwich street. $50 and from Ninth
the Battery 4S7; that 81 this number only III.
Teen showed any indications of excitement and none
away terrified; and, addition TO tho
above dcponent specially observed the horses attached
10 plaintiffs ears, aud not one OF them noticed deiend-
hns pass trains aud during the past i've years
deponcnt has passed over the road daily he has
ccn runaway accident
DANIEL W. Wyman corrobora,es the allegati ons oil the
foregoing aIldayiis to the necessity OF the turnous
proposed Or the accommodation OF the public seeking
shc facilities OF the road, ana that SAID road is not
nuisance interference with plaintiffs rights, but
on the contrary great ublic benefit and IN addition
hereto he that he is well acquainted With the
Ninth Avenue Railroad and its workings and has been
for the past FIVE years, amt almost daily and ire
aucntly many times day has been along us line rom
the Tbirticth and Central Park stations;
that the affidavit OF Henry sherman behalf OF PLAIN
TIL as to the effect Of defendants engines plaintiffs
borscs contains gross cxaggcralons and inisstate-
ncnts; that during his tdeponentsl progress
apon defendants railroad and other streets ana
avenues unccr aud about decndants' road ana
Is supports he has observed that plaintiffs horses
Tavc on, stop and start without any heed of the
endans road, or the cars or engines running thereon;
hat OF over 800 horses passed by a trip
the Battery Ihrticth street. there has been
the average more than three Or four horses the
arcct that specially notice the passing tram; that II
frightened IL i moro other causes than
he influence of The defendant tram and engines and
uch occurrences no more frequent ch
and than in other streets OF the ci,y;
hat he has witnessed injury fright occasoucd
pedestrians by reason OF any runaway iractous-
OF any horse or horses pat 10 fight terrified
~ defendants engines nor has he
,csscd heard 81 the cars of piann being shattered
T injured the lives OF their passengers endangered
BY collisions other cause from horses excited by
3cicndants railroad or us ears or engines
lie denies that fresh cannot be used
on plaintiffs road since the oil defendants
engines, or that there Is any difficulty in getting horses
to work on plantis road without fright lie &c
oies that any drlppings tall plaintiffs road rom
defendants engines, and AYERS that the strength of
sclcnGans railway is such that IL can resist six times
The quantity OF shock or conclusion which IL now
serves AT Us greatest spccd, without beng impaired
he slightest degree He denies that The sickness OF
plaintiffs horses Is caused by dccnaant's engines
attributes II to the disease called cp.zooc. which has
prevailed particularly among stage and horses: he
also denics that plaintiffs horses mace mad Efforts To
escape or suffer any INJURY ty attempting 70 do so, or
that dccndanrs cars or engines have any
suCn eject upon horses. lie furfher that he
informed and believes that as to noise and oblcc-
Jon the dummy engines they Go not equal the
3ose, rumbllng. rafting aud conclusions occasionsd
~ the propchng of said Elevated Railroad by
endless cables with THEN heavy trucks and stationary
steam engines; that tho latter require large smoke
stacks intervals OF every malt mle OF which the
people IN their ncighbornood loudly complained rs no.
ins great nuisance, that dclondaLts evenly
with conclusion than Is produced by tho
lassng Of an ice or coal cart omnibus; that they
pass any given point quickly, come and gone be-
tore non-observaut person would be Of H. He
propelled strictly such under
stool by engineers dummy engines, the machinery
wholly enclosed aud excluded from Wow, that no
smoke is cmittcd thcrefroni, but slght and almost
mperccptibe escape OF steam that they noisccss
their operation, small and attractive, rather
han repusvc in appearance that tho relative proper
ton Of dciendants structure &c the street and
such Indicate that thc structure occupies but n
line along the distance anu occupying appc ring
10 occupy tue whole srcctwny any material part
thereof that there Is ample In the roadway Tor
an the necessities OF carriage way raic said
avenue and Tor passing repassng scross paints'