The New York herald., 1877-12-09
RAPID TRANSIT.

THE ELEVATED RAILROAD COMPANY ASSUMES
THE oFFENsIvE-TRoUBLE FOR THE NINTH
AVENUE RoAD-HEAvY DAMAGES DEMANDED.
Rapid transit having triumphed against her rivals
OF the slow horse transit system. the Now YORK Es-
waited Railroad Company has reversed the order OF
legal proceedings hitherto 10 the courts OF
this city by commencing through its counsel, MT.
Dudley Field, suit against the Ninth Avenue Rail-
road Company to recover $500, 600 damages alleged
been sustained by operation of the injunc-
tion sued out by tho latter company The SUIT was
entered in tho supreme Court yesterday, and tho
complaint in the case which is quite elaborate, tells
the story Of rapid transts wrongs.
COMPLAINT.
Dvested OF the necessary legal formalitiss attend
ing law peadings, this complaint sets iortn that on
the 18th OF May, 1875, tho Ninth Avenue Company
brought action In the Court OF Common Ploas, and
on humorous adidavits (the contents OF which ap
peared IN the HERALD at the time) obtained an In
junction against the Elevated Railway Company re-
straining them from building or completing the new
tracks, turnouts side tracks, &C, or any additional
new tracks, connections structures OF any kind In
Greenwich steet, otherwise completing their rail-
way structures then unfinished. The trial Of
the cause, Of which the foregoing Injunction
was the initiatory process. took place in
June, 1875, and in August following
decision was rendered In favor of the Elevated Com
pany But the Ninth Avenue Company appealed from
that decision TO the General Term and thence TO the
Court OF Appeals aud were ihorc again ccessful,
being obliged withdraw their appeal and
pay costs in November, 1871 Atthe time these pro-
ceedings were first taken against IT the Elevated Com
pany had lawfully constructed and was lawfully
operating single track of railroad from the Battery
10 Sixty-lrst street, with certain turnouts and
then constructing two very largo turnouts,
with tracks. track connections and switches,
Sixteenth street, and extending from Forty first
o Fifty street, being the turnout described
in the complaint in tho action brought BY the Ninth
Avenue Company They had also n great number OF
holes excavated ana stone and iron foundations Tor
their columns laid. with many columns erected and
many OF the beams connecting them together In posi-
ton. Great quantities OF cement had been brought
into position by them for use and large numbers Of
workmeu engaged At the work, much oil which was
almost compieted SO tnat they would have
been able 10 mako regular use Of such turnouis.
tracks and their other structures within few days
had they not been interfcred with by injunction.
BY Of such Injunction ana for no other cause
the company was compelled to discharge largo mum.
Der OF workmen, and store away large guam
tity Of materials, place danger signals employ large
number OF watchmen at night to warn the pubic
against dangerous excavations, and eventually TO re-
MI the excavations repair tho Sidewalks curbs
ana cutters, and cease all active operations In COM
picting their works until the hnal decision IN their
| favor.
ALLEGED BAD PArTH
This action thus decided, The complaint further
charges, not brought in good faith, nor Tor the
purpose of protecting any rights possessed ny the de-
| fendant (the Nintn Avenue Company nor was "
brought the purpose OF redressng any wrongs ac-
tually sustained, which they supposed or believed
they mad suffered; but on the contrary, was brought
| in bad faith ami on representations which were un-
grossly exaggerated as to bc equivalent to
| positive uutrulhs ana were Known TO defendants TO
| be unlrue that the injunction was sought
| aud obtained without probable cause or rea
ron Tor granting the same aud with q
malicious intent on the part of defendants 70 iDure
| the plaintiffs aud 10 crush and destroy wnat they
feared might prove rival or competing road The
time occupied by the attorneys and counsel OF plain
tifs In arguing motion in the cause was one day.
In trying tho twenty days were occupied and
in arguing the appeal one day, besides many more
days In preparing both trlai and arguments. Inc
testimony taken on the trial reached Cos printed
pages, and the printed case on appeal o7o pages
La &c sums were spent In printing, procuring tho
attendance Of witnesses, IN payment of sterog-
Il raphers ana OTHERWISE. The necessary expendi-
lures the plaintiffs down at $l2, 25O tor fecs
OF attorneys and counsel; 81, 4S8 Tor expenses of
printing and 1884 rs for other
expe such as photograph pians measure
ments the like At the oi the service Of the
injunction, and tor long time previously tue PLAIN
tins between Filtyninth street and Morris
street, through the Ninth avenue aud Greenwich
street. eighteen minutes during the business
hours OF the day, but were unable to run any more
trains because OF haviug but single track but as
soon as the injunction was removed and they were
enabled TO complete their turnous, they ran train
every eight minutes during the business
hours Of the Gay. Thus, 'mTea,aseiy ,eanu upon Sa
! actual number OF passengers upon the road In
creased by 700 daily, has continued 10 Increase
All has been due 10 the CONSTRUCTION
of the turnouts winch the Objectionable injunction
increase OF passengers and prohts might have been
realized at least three months before by reason OF
all the foregoing, the Elevated Railroad Company, the
complaint concludes, sustained The $500 600 damages,
which they seek to recover In this SUIT, aud
which lney confidently ask The Court TO condemn the
Ninth Avenue Railroad Company to pay.