The New York herald., 1877-01-11
RAPID TRANSIT.
The Opposition TO TurnOu'S on the Green
wich Elevated Railroad.
THE PATTEN INJUNCTION SUIT.
Both Sides of the Case, as Shown in the Com
plaint and Answer

Tho suit OF John Patten against the New York Els-
waited Railroad Company though not as conspicuous IN
ts opposition to rapid transit the suits brought by
tho sixth and Ninth Avenue Railroad companies, 10
still In its opposition TO increasing the facilities for
rapid transit by the New York Elevated Railroad Conn.,
pany regarded as a serious obstacle to perfecting
the scheme OF moro rapid transit for which
the public have so long been impatientiy
clamorous. II is well known TACT that
the New York Elevated road In order to increase the
number Of its trains and thus afford enlarged accom-
modatons Tor the travelling public. required addi'
tional switches or turnouts One OF these turnouts
was sought to be constructed front OF Mr. Patterns
hotel Greenwich street, and, us is we'll KNOWN tho
Iaborers had hardly been SGT to work 10 construct
such turnout when a preliminary injunction was
granted by Judge Van Brunt, at Special Term OF the
Court OF Common Pleas. restraining the further
prosecution OF the work. with an order TO snow
cause why such Injunction should not bs
made permanent All tho various stages oi
the litigation, extending through nearly ten months,
growing OF these injunction proceedings, have been
fully given the HERALD, as tho case came up from
time to time in the AS is well known, the IN
junction was made permanent at the Special Term.
This decision was affirmed at the General Term, when
the case was carried to the of Appeals The last
tribunal decided that II was not an appealabo case,
aud SO the up Tor trial before Judge j.
Il.
Yesterday aud as at the previous trials there was
large retlnue OF counsel the pantf being represented
by Messrs L. A. Cram and Charles Jones, and the de-
feudants by ex.Judge Emott, Smith N. Weed, 8.
Wright Holcomb and +. G. Delavan
COMPLAINT THE CASE.
This complaint OF Mr. Patten sets forth that he Is the
owner OF Nos I7C 172 and Ia Greenwich street; that
he has Tor many years carried on large and pros.
porous business as a hotel keeper; that under the
Sidewalk in front of the hotel large vaults had been
constructed at great expense which EXTEND extend
that the deiendants under color Of authority
contained in tho acts OF the Legislature but without
his consent forcibiy wrongiully and unlawuly took
up the pavement and tagging and took possession
thereof for the purpose OF constructing turnout ana
switch as part OF their railway for their private
gain and emoumcnt, 10 the great damage OF
his said properly ana OF the other properly
owners on the street, without making any
damages resulting him. that In the construct
OF such turnout the defendants VIII necessarily dig
into his vaults and impose much heavier burden
upon them than they to bear, and rem
der their entire destruction reasonably probable; that
the defendants also constructing many other SINH
lar urnouts sideways and switches ut short distances
from other all along the side oil said Green
wich street. and threaten that they VIII CON con
struct still Others and that they VIII then
these several turnous aud sideways and thus
complete continuous line OF their railway along tho
westerly side OF Greenwich street, and continuously
run their engines and trains OF cars over tho
same; that such road would molcst tho Inhabitants
of the the and enjoyment OF their homes
and obstruct ordinary OF business disturb
the public schools situated in said street; that the
machine oil used upon engines and upon tho
axles of the upon the road continually drops
down upon the sidewalk and upon the clothing Of
neonle travelling on the sidewalk under the track and
thus prevents ordinary OF walk and prevents
ladies patronizng the stores along the street; that
| the smoke from the steam engines Is con.
tlpually the windows OF the buildings along
the street, and molcsls the cizens in the enjoyment
of their homes and property thut the blowing od
Of steam by steam engines, and their puiing and the
noise made by the machinery continually distract and
annoy the property and citizens; that the rail-
road obstructs the light and darkens the
stores aud dwellings along the limo of said street, and
that tho ncarness Of the railway to the second story
windows Of the dwellings along the exposes the
second floors OF the dwellings 10 the gaze OF passed.
gers thus destroys that privacy which IS tho rgh,
OF every family He therefore alleges that tho said
railway is a public nuisance
ANSWER.
In tho answer to the complaint 1t is set forth that
the railroad company has acquired and Is vested with
a franchises powers, possessions and privileges
braced IN provided for In the laws and several acts
Of the Legislature rcfcrte in the complaint,
| and by virtue thereof is duly authorized and en-
powered to construct, operate and maintain steam
elevated railway with turpouts sidinps sideways aud
switches, over along and throughout the entire length
OF Greenwich street TO Ninth avenue, thence TO Fay.
street, the Central Park, and thence 10 the
Harlem RIVER that It has already as 1t had the lawful
right TO do, cons ructed and now maintains
aud operates steam elevated railway on the line OF
said street and avenue from poiLt near tho Battery
Fiyninth street in said city, running sixty trains
and upward daily each way Of two and three cars
| each and carrying between six thousand and seven
thousand passengers daily over It's railway. 1t is fur
ther alleged the answer that In order to allow trains
to and repass and to avoid delay 1t IS indpensa
BILE that numerous turnouts sidings sideways and
switches should be constructed and maintained along
the line tho deendauts railway that the company
has already constructed and now maintains number
OF turnouts and sidings on the line, but not suft
cient to meet the necessities OF the road
or supply the demands OF the public; that to
remedy such necessities, and, II possible, sup
ply such demands the company is now constructing
numerous urnouts, sdings, sideways and switches ut
various points throughout the line OF the road, with
out objection, upaint or interference from anybody
except the plaintT; that the turnout or siding Of
which the plaintiff complains In this action, opposite
the properly claimed by him, duly desian atcd and
approved by the Commissioners duly appointed Tor
such purpose under chapter 4s9 oil the Laws OF 1861
and the laws amendatory thereof and supplementary
thereo that the company had and has the right full
power and authority under its charter TO construct
ways and switches, including the siding or turnout
OF which the painttr complains II is denied that tho
plaintiff has sustained will sustain any damage or
injury whatever account OF the acts complained OF
or on the OF the
designated turnout or siding OF which ho complains or
that the property cla med to be owned by him his
business will be injured obstructed impaired but
he and is, IN tact benefited and improved by aud
through such railroad.
OPENING TESTIMONY.
The first witness called yesterday Mr. G. N.
Ford City Surveyor His testimony simply had refer
to surveys of Mr. Patlens property and the
Meeting lines between his ana adjacent property. Ho
presented some old surveys showing the opening Of
the 100 years ago, aud the titles vesiing
to los water wark. AT the conclusion OF his evidence
Mr.. Patton called upon tue stand. HIS story WAS
manly repetition the allegations set forth in his
complaint OF which the special points are gwen above.
The exam nation Will be resumed this morning, and Il
Is probable Will occupy several days
BUSINESS TROUBLES.