The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-21
The Greenwich Elevated Railroad and the Ninth
Avenue Railroads Fight
ANSWER TO THE COMPLAINT.
Injunction Proceedings Against the
East River Bridge.
Judge J. F. DAILY on Exorbitant
Counsel Fees.


lie that the OF these roads would never
conflict Recently, however, it appears that the APP
prehensions or George Law. who Is considered the
OF tho Ninth well as the Eighth avenue road,
have been excited by the extensions and additions
being made to the Elevated road intended 10 increase
It's accommodations make its line continuous from
the Battery Fiity-ninth street. AS the result OF
these apprenensions the part Of Mr. Law. and as
already stated in the HERALD, temporary injunction
has been obtained tho Court OF Common Pleas, IN
= suit brought for that purpose in the name Of
the Ninth Avenue Railroad Company, whereby the
Elevated Railroad Company is prohibited from contin
uing and tho necessary turnouts,
switches. &c. connected Herewith. In the complaint
In this action It charged that the Elevated road IS not
operated in conformity with It's charter IN that It uses
locomotives to propc the It's track instead OF
propelng rope and stationary engine So far as this
Of complaint is concerned II have been
made by some OF the property owners on Green
wch and then settled by the Supreme Court
In favor OF the company Another OF complaint
Is that OF the acts under which the Elevated road
Is operated unconstitutional and void and that the
company has not filed map or the Of its road
required by law The most grevous wrongs however,
Of which complaint is made behalf OF tho Ninth
avenue road is the Inconvenience to itself, In many
respects ofthc running tho Elevated road and above
al that the horses used by it bereft of peace Of
MUD by the hoarse pulling Of the Elevated road
eines and that neither age nor experience has proved
sulncisns guard against s inc nervous pros,
horse that has heard the unnatural neigh of his
modern rival In setting forth these charges the COM
plant wakes eloquent After stating at almost inter
minable length the amount OF money expended IN
property and stock necessary for the running Of tho
Ninlh avenue road II alleges that the pillars OF the
Elevated road are placed to its track that the
clear 1t by but few inches, that collision at
some time or other is not impossible and careless
r urQ n a
an arm by projecting one or the other out OF tho car
window; that the roadway Is being blocked up by tho
use OF materials aud the digging OF holes in which 10
plant the defendants supporting pillars for add
tonal track from point Forty-tirst street to
point Fny first street and Ninth aycnue that 1T
Is the avowed intention OF the defendant the
Etruction the additional tracks above mentioned TO
without authority and IN violation Of law, and in dis
regard OF the provisions Of the act OF 1867 relating TO
said experimental railway and tho line OF route pre-
scrbed thereby, the defendant threatens and gives out
that II intends forthwith as soon practicable
to construct more and more Of such add
tonal tracks which II intends to designate
with tho deceptive names Of turncuts, sidngs and
switches but that II is the defendants ultimate inten
ton 70 connect and unite it's sections Of railway now
be constructed SO to form one continuous double
track from the Battery through Greenwich and
Ninth avenue TO Fifty street, and TO run iis cars
thereon daily and every day and at intervals not cx
seeding ten minutes"
pany. which was filed yesterday by its attorney, Mr.
Edward G. Deavan, has but little say the subject
horses, except to include the allegations in the COM
plant in relation thereto in its list OF dcnas Saving
and rcsering their right 70 object and insist and now
ohecting and insisting, that the complaint does not
state facts sufficient 10 constitute cause vi action de-
PENDANTS deny each and cvery allegation therein except
In their specifically admitted, qualified
planned. They admit and that they are corpora
ton duly chartered about the 9th day OF October
1871 and organized and existing and pursuant TO
the provisions OF the Of the Legislature Tho State
New York. entitled IAN act to authorize tho formation
OF railroad corporations and TO regulate the samc'
ma sad nj IN ur1nn oe.fu
thereof and additions thereto for the purpose Of
structng, maintaining and operating railroad from
the Battery. in the southerly part Of the city
of New York, by line or lines through said city 10
westchester and Putnam counties and other routes.
They aver that under the last mentioned act and the
amendments thereto on or about the 10Th day OF july
1866, the West Side and Yonkers Patent Railway Com
pany was duly incorporated and organized as cor
poration, authorized TO construct MAINTAIN aud
operate railroad from the southery extremity of New
York city northery, with one or more main lines and
lateral branches through New York island the viii
lage OF Yonkers that under and by virtue Of the
referred said complaint having passed on
or about April % 1867, containing among others the
Side aud Yonkers Patent Railway Company COM
menccd tho construction Of their railway according to
provisions, and continued such construction the
route designated; that certificate Of tho Commission
crs provided Tor said last mentioned approving
the structure plan and operations Of the said elevated
railway was duly approved, aud on the I'd day
Of july 1865, duly filed; and said railway put IN
operation Also by virtue OF certain other act passed
10th day july 1865. Defendants, further an
swering. aver that tho said West Side and Yonkers
Patent Railway Company under the name Of tho West
ard delivered two mortgages upon all the property,
franchises rights, privileges and appurtenances and
rolling stock OF the company then owned or TO DO
CURED for their said railroadone the LIST OF August
1868, George s. Coe aud James H. Benedict trustees
and one, dated the 9th OF May, 1871, James
for large amounts each; that about the 2st Of
June, 1871 the SAID George ;. Coo and james Benc
dict resigned such trustees and said James A. Cow
ing duly appointed their trustee which
he accepted; that said company having failed in pay
mcnts on said bonds subsequently thereto
the said trustee duly requested to fore.
close the said mortgages and such legal proceedings
Of foreclosure and sale the properties. franchises
rights privileges, &C., firstly mortenged were
duly sold purchased by the said james A. Cowing
anu by him duly sold 10 aud tho same duly con.
vcyod TO The defendants this the I'd OF jan
uary 1872; and the properties and franchises secondly
20 mortgaged were purchased at the foreclosure sale
by the said defendants the 9th OF December 1871;
that pursuant TO the powers and privileges vested In
defendants by several acts OF tho Legislature they arc
empowered 70 construct operate and maintain steam
elevated railroad, according to the requirements and
provisions contained SAID several acts from Battery
place in and through Greenwich street and Ninth
to Fifty ninth street. near the Central Park and
thence the Harlem River In SAID city OF New York.
sidings thereirom and connected Herewith
Alter alleging that the act Of 1867
8, hs Scu,e ,be answer proceeds as follows
(deendauts) admit they have been aud are construct
Ing they have lawful right 10 do their line Of rail-
road from the Battery TO Fifty street and their
starcases switches. sIdngs and turnouts IN the gen.
erai manner 10 structure IS sci forth In the
plant but that such structures and each OF
them In otherwise than In strict accordance with
the requirements Of the acts and proceedings under
which they acting; that they admit that during tho
process Of constructing their said road switches std
inrs and turnouts they obliged TO open places along
the curbstono line between The sidewalk and the car
rnReway for the road and IN the manner and
also In The streets for their switches dings and turn
puts Tor tho purpose OF laying the required foundations
LOT tho support OF the railroad structure aud during
the same time their material used In said structures
necessarily more or less temporarily but partially OBJ
fruc the iuil use Of the roadways TO the pubc but
aver that such obsructons removed with the least
possible delay and placed IN said structures" In con-
cuson, u = alleged that the oil steam dummy
Il il denied that plaintiffs will sustain uny damage by
reason Of the acts OF defendants in constructing and
maintaining tho designated turnouts or sidIngs OF
which piaintlns complain denies also that such
outs. Sc are nuisance. but tho contrary asserts
they Will be great public benefit and thar plaintiffs
have remedy az Iaw Tor any OF the wrongs OF wlicn
they complain and are not entitled to an Injunction
on the complaint and tho foregoing answer and am