The New York herald., 1877-10-05
RAPID TRANSIT.

TRIAL or RUFUS sroRY's SUIT AGAISsT TEE
NEW YoEK ELEVATED RAILROAD COMPANY
BEGUN.
the opposition to rapid transit becomes more per-
sstent every day. Old suits which have been for
months dormant suddenly brought to trial and the
ball Is kops constantly rolling. Following close upon
the heels OF notion Tor stay OF proceedings In the
suit brought by the sixth Avenue Railroad Company
against the Gilbert Elevated Railroad Company Is the
trial OF the suit for INJUNCTION brought by Rufus Story
against the Now York Elevated Railroad Company,
which was commenced yesterday before Judge Robin-
SOD, in the Court Of Common PleaA This sui. which,
as will be remembered. was begun last spring, Is
brought by Mr. Story who owned property on Front
street. to prevent tho defendant company from build
Ing their proposed structure the east side In front
q his premises On the opening OF the case yesterday
MI John II. Parsons and exJudgo Comstock APP
pearcd Tor the plaiun, aud David dudley Field and
Mr. Dsaned ior tho railroad company.
The case for the plaintiff was opened by Mr. Parsons,
who explained at length the cause OF action and injury
10 the property OF the plaintiff. given substantially
above He dwelt al length upon the different grants
and conveyauces nnder which Mr. story claimed title
to his property do then went on TO state the differ
ent preliminary orders OF Injunction obtained from
Judge Larremore last spr'ug on tho argument OF
which no sad the defendants denied specifically Mr.
Storys title TO the portion of the street
in iron. Of his premises, and claiming that the
grant from the city opening Front street 10 l77s sx
pressy covenaned that the street should be forever
free the citizens passing TO and fro. Mr. Parsons
lurther contended that Mr.. Story entitled
pensauon II the street appropriated by the read
as Intended he would produce witnesses TO show
that the damage was very serious.
AT the conclusion OF Mr. Parsons opening address,
tho Court after some little parey, at tho request OF
exJudgc Comstock. adjourned the trial until Tuesday
next in oroer 10 allow The latter gentleman 10 attend
the Episcopal Convention now IN sesslqn at Boston
HOW THE GILBERT ROAD WILL AFFECT PROPERTY.
The original design for th Gilbert Elevated Railroad
contemplated tho erection oi the supporting pillars
the limo Of the curbstouc that the span The road
would DO equal to the entire width Of tho street be.
tween the sidewalks IL was objected to this desgn
that its immensity on thoroughfaro Ike sixth
avenue would keep daylight from coming below and
cause darkness 10 reign eternaliy the street. IL
a.so u very expensive design, and perhaps, by
reason OF tho enormous span given TO single
iron beam stretched over . wide street, 1t
lacked the essential element OF strength ana
security. Anyhow when the law OF 1873 known
ths Hustled Act passed authorizing tho appoint
ment OF commissioners by the Mayor locatc routes
aud lx upon The plan OF railroad construction the Gil
bert Company was allowed TO modify It's design ~
TO permit h 20 erect tho supports for the beams
in the roadway either side of any horse
where the space adequate TO allow the passage Of
any ordinary vehicle between The pillars Of the Ee
waited road and the curbstone. THIS modification. II IL
claimed, was IN several ways an improvement 10 the
-oad aud convenience TO the public aud the property
holders. the danger 10 be apprehcnded from
WIDE span avoued, wniio thers no IN.
terrupton 10 tho light and the approaches to
tho sidewalk from the street were left uninterrupted
by the presence OF heavy iron columns, which might
certainly DO accused oil infringing thc property OF
private owners. AS the Gilbert road Is now designed
10 traverse sixth IL Is SAID that to the hoi
car ruroad II viii prove positive shelter IN the wIn-
ter monthA The road will be eyssore, but, tho
contrary, ornament and, above all things great
utii,y, IN which thought OF ornament will DO for
gotten. IL will afford abundant sixth avenue
carriages and all SORTS OF vehicles to drive up aud
her 10 haQ
somely painted und rendered even more safe for
passangers tnan the horse car road beneath IT,
As stands far out from the line OF houses either
side OF sixth avenue. and as the locomotives must
consume their smoke IS difficult to how tho
ladies' who como 10 promenade and make purchases
on tho avenue can bo incomnoded and driven 10 mako
their purchases and take their airing elsewhere On
the contrary the rapid passing aud repassing oil trains
IN contrast to the lazy soporc motion OF the prcsent
street cars, will make enlvening spectacle and
der Sixth avenue doubly popular
President Butler, OF the street railroad hereby
affected, continues to express the conviction that Il
viii damage property TO tho extent ot $50 100 00O
TINS is assertion easy make anc extremely hard
TO prove. Nobody II Is claimed Will be disposed 10
leave his business on the avenue because OF rapid
transit out ON the contrary, us wnoie loAgth, on
account OF It's central location. ultimately become
lined with fine retail stores and The Will take
| advantage OF the rapid transit road TO mako their
dwellings higher up the island
IL the Gilbert Company chose II Is suggested they
could, In accordance with the terms OF charter
put up structure on tue avenue that would really
give cause for some complaint TO property owners,
but the design they have In hand can be offensive TO
mono but the horse company and that appears 10
have influence enough 10 STIR up by Misrepresentation
anu the grosSe5t cxuggcration hostile feeling against
rapid transit ON the part OF several worhy residents Of
the avenue but the latter will very soon
that they have long under mscon nception in re-
gard 10 tho Gilbert Elevated road.
PROPERTY OWNERS AND RAPID TRANSIT.
The Secretary Of State, Mr. William N. Evarts, saia
yesterday ne had heard nothing OF q conference to be
held between him ani certain sixth avenue property
for the purpose OF taking counter.
4
OF Appeals tho matter OF rapid transit II was DOS.
sibe. bo said, that the properly contem.
plating some steps In that direction. but far they
had had consultation with him. IL is certain how.
ever that several impulsve residents of Sixth avenue