, 1876-01-23
SNOW on RAILROAD TEtCHa

There has been little obstruction to trarl
this winter in Chicago through heavy falls u
aooH. but In vie" OF the net very remoto oour
tlngency, it nay be we'll 10 direct attention to a
subject. The best thoroushfaree in the city n
now occupied BY strcet-railway4- The praria
| Of tho companies ls. when snow comes to bed
it from the tracks, With lit.le regard 70 the q.
| ditlon in which they may leava the parts Of aa
street not used BY them The railway comps
nies have generally attempted no justification d
their action. They atsume that tbs right d
occupying portion Of the street il equivalent
to tie tight Of excluding tho pub!io frum tha
! remainder whenever An emergency arsas. Thia
| assumption has been successfully mat and d..
| Eied in the Superior Court OF New York. Tbt
| Judge decided in favor Of Wu1Ax C. P11xI
who asked an Injunction to prevent the uss Of
anow-pIows and s1eepers by tho Twenty third
Street Hallway. In allowing the injunction. ths
Court took occasion to review the statutes rsr
carefully. The gist OF the decision Is eon,aiuM
IN The following quotation:
Ths exclusion Of ths public from their uss of d.
strip VI the public street. described, is public rsL
f2nce unless tau defendants h&ge a right 10 do 1aa
1as Eexukd IN the e1ciu&ion. II the xcs Of ths d.
1end2nts are lawful! the Inconvenience and dAmass
suffered from them BY the public Or tho plaintiff d
not 1nHke the acts wrongful If the acts Of tts d.
Eendants azo unlawful. damage from them gives
of kctlon. To slst7in tie defe1.dauts' claitu tn
tEuo construction of tho statute must show that III
thing granted, VIZ, tho franchise has appsuded tt
a necesssry part Of IT. the right to Use the skdp
Erect exclusively az described, Or that such ussa
necessary to tha enjoyment or exercise Of po1a
given BY law. Tho grant IA Of the franchise 70 ~hL
construct, and operate" railroad through Tweat5'
third street. and the Of tho street for TINT purp
Ia public use. The use Of no more Of ths st1sst
granted than necessary for tho operation Of tho ra
way. Afte1 tbs snow has bsen cleared from tba ksss
its remaining the street at tho Rdo haa nu4hicGh
DO with anil does not in any way affect tho ope1taa
OF the railway, using that term in whatever way uy
10 used Ihs deposit Of tha SNOW the atde hss .ha
san1s relation to tho corporation that dspoEt a1t
where Wuuld have, and no other.
The Court held further that tho Company
had the right to l,usl, the SHOW from its truck u
the aide Of the street; but, latter tho tins bid
elapeed which would reasonably be required fox
tho taking away Of tbs suow which had bses
pushed from tho track, the defendant becsas
responsible for IT. being thers, and 1t bscsus
public nuisance"
Tho decision il full of iaterest and importance
foz Aefeot-raiiways and the public sveJwhars
1ts affect will bo, OF course, limited for
the present, and, even il it shan be rQs'
tanned by the higher court, 1t will b. labls
to modification By the tetms OF indis1du4
charters. 1t seems, however, to establish
valuable principle. The people do not surrsnda
the streets absolutely to the railway eompsnisA
but merely sdnis them to part of the rosd n
order to subserys the general conyenienes. Thu
purpose b thwarted BY any general traapaa
upon tho parts Of the street which have bsea
for the exclusive use Of tbs peopls- ~
to the possibility OF the railroad companies keep
ing their tracks clear without uang tha aides q
sha streets. the New York Court seemed to h13S
no doubt. Perhaps ons effect Of tho doc1ioa
Will ho the invention OF aome means So< th
entiro removal Of SHOW from tie streeta u
mailer expense than tbs present usthed "u
allov.