New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-16
THE COURTS.

SUITS AGAINST THE METROPOLITAN LINE.
AN EFFORT ru ANNUL THE CONTRACTS WITH THE
LOAN AND IMPROVEMENT COMMUNICATIONS on
FIPTYJrHIRD STREET PR0PERTY-owNERs.
Salvatore Caro-, in behalf of the residents in
Fhtythrst, between Fifth and Nnth-aves., has begun
suit in the Superior Court against the Metropolitan
Elevated Railroad Company, 70 determine the right OF
the company build its road in that street. Benjamin
F. Butler and Roger A. Pryor the counsel for the
plaintiff, and the papers in the served upon
GrOsyenor p Lowrey, the oompanys counsel on satnr
day. The complaint alleges that the steet Is thorough
fare lined by fine private residences that the of
by the company would Obstruct its thorough
fare and constitute pubic nuisanse would obsruet
light and air; the engines would noxiOus vapOrs
the noises would disturb the families and the Earring
and conclusion would affect the stability Of the buildings
and make them untenantaDIe The company IL is fur
ther alleged. has offered any compensation for the
INJURIES but intends TO put these burdens upon the prop
erty without indemnity. The plaintiff further alleges
that he believes that the company is nsOvent and un-
able TO pay any judgment for damages that might be OBJ
tanned against it, and that It has mOrtgaged ITS entire
property far beyond its value, that any execution
IL would be useless The petition asks thar the
company be restrained from constructing maintaining
operating the railroad any part Of it along the
street.
Another action is about to be begun against the
Metropolitan Elevated Railroad, the New-YOrk Loan
George ~ Pullman aud Cornelius K. Garri-
son. by Of the creditors OF the Metropolitan
Elevated Railroad Company. These creditors have
put the into the hands Of theAttorney and
requested him TO begin an action In the name OF the
people OF the State force the dissolution OF the Loan
and Improvement Company aud tho annulling OF the
contract under which the Metropolitan Road mort
gagged 20 it, well 10 eujOD the railroad company
from issuing any stock and bonds except In the
structOn OF the road 10 s claimed that the statute
curing that the capital 10 complete the road should be
subscribed upon 10 cent cash payment not com
Piled WITH and that certificate Of payment OF capital
has been fled IN the County Clerks office that
tihcate OF the business Of the Improvements Company
has been filed with the Contro Ter; that 1t has usurped
powers not granted the absorption OF the bust
and property OF the Metropolitan Elevated Railway
and sharing other unlawful acts with the other de-
PENDANTS. IL Is also alleged that the railway company
has permitted large issue O stock with ut having 10
per cent cash paid thereOn that IL has authorized the
issue Of amount OF stock and bonds wholly unneces
sary for the completion aud operation OF the road tnat
the excessive issue OF stock and bonds prevents lawful
taxaOn tnat such excessive Issue prevents the Legs
atufe from reducing rates OF fare, and deprVes the
State OF just tax and revenue the actual capital in
vested In the railway that the excessive bonded indeb
edness OF the road secured OY mortgages constituting
prior lien the property OF the road prevents the
cOVery by other creditors OF any damages TO
property that tue railway has surrendered its corporate
rights 10 others And Ia further alleged that the ra
way has be mOrtgaged to the Loan ana Improvement
Company for - 100000 mile. and that further mort
cages are likely " be made.