The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-10
RAPID TRANSIT.
Assessing the Damages Caused
by the Gilbert Road.
PROPERTY OWNERS RIGHTS.
The Present Condition or the
Different Lines.


last evening at the Fifth Avenue HOTEL Mr.. Will
lam Orton IN the chair. Mr.. John 4. Parsons repre-
scented the property owners. and Messrs Lowery and
Stone the Gilbert Railway. General Horace Porter
also present on the part Of the road. The case
Tor the railway having been closed and all the proof
having been submitted TO show that the damages TO
properly were merely nominal, Mr. Parsons
opened the case for Mr. Amos r. Emo, property
along the line OF the South Fifth avenue por-
ton OF his road
Mr. Parsons said It would be very foolish for Mr.
Emo expect large suitable compensation for
tho injury done to his property. All that he ex-
pec,ed moderate compensation something at
least approaching q suitable compensation. The
Commissioners must recognize tho fact that tho title
TO the South Fifth avenue rested in Mr. Eno Sixth
mad been created at the expense OF the abut
ting owners, yet tho elevated this
nue. created tho expense Of the owners and appro
priaed II without any compensation just properly
valued thor yards the purpose of enjoy
Ing high. and air they undoubtedly value their
privileges for the OF tho front OF their
property without which II could not DO enjoyed The
vault privileges alone hitch taken away by tho
Gilbert road might be worth $1,000 or $4,000 year.
Mr. Parsons insisted that the must be
fixed upon the basis OF the Claim set up by the COM
pany that they would condemn the whole bed Of the
south Fifth avenue, with the exception OF two mar
row lanes Mr.. Emo was tho absolute owner OF the bed
OF South Fifth avenue subject only TO the rignt
OF the public TO use 1T as street. Mr.. Parsons said
the position OF the streets New York wItE
reference TO the rights Of the properly owners was
tnrcefod There were, lrst the streets lad
tho old Dutch civil law, which the OF
all rights public places ike parks and wharves.
Second there were streets laid out under tho English
or common law which gave tho pubic only Tho right
OF passage rsservi,g all other rights 70 the abuttng
noae we,s me sss 81 hc
which the use OF the highway for certain public
purposes but entitled the owner 10 compensation
N ANA 4 ha nFaN mr.
ESTIMATED DAMAGES.
ALBION Man, tho FIRST witness. agent for the Lorilard
esiute gave his opinion that the Ice title OF Nos 49,
I21 and 123 South Fifth worth from
81 600 to 200 lot 1.-The avenue Was not used by
value the light, prevention OF nusancos, re-
vcrsonay right OF tho easement and vault purposes.
He believed that the street was more valuable Tor
light ana AIR than The property Corner properly
was valuable from quarter 10 third than 0tncr
as Of greater Readiness Of access At present the rental
value Of the property had been injured Onethird by
the elevated railroad structure the selling value
IRON dth to quarter The selling value would not
be dcieroratcd as much because some people might
think the railroad would boneht the property in The
future. Mr. Man thon gave bis estimates OF the value
OF other Emo properly at SO, OO0
Mr.. Lowrey in cross-examinlng the witness on the
value Of certain piece Of property, elected the an
swer:-.It would depend how sharp the owner
Mr.. Lowery-suppose ne was sharp as you
Mr.. Parsons You Two about as sharp as anybody
(laughter.)
After receiving u complicated answer Mr.. Lowcry
dry asked tue separate In his estimates the
value Of light, and vaults rho witness declared
Mr. Orton-Do you know whether any OF the prop
ery has been vacated this spring on account Of tho
elevated road?
Witress-No. sir. II has not
Mr. Man stated that Two out OF eight or Sen Of his
tenants had demanded reductions IN tho rent on ac-
count or the elevated railroad.
Mr. Blackstone another real expert, gave also
his opinions TO the damages inflicted upon certain
South Fifth avenue property. and tho commission
then adjourned TIL Thursday cveningAt eight O'Clock
CONDITION THE
The present period OF extraord nary activity In
the construction OF the elevated railways. Tho Gil
bert road is being finished fast possible,
OF next month, aad he New YORK Elevated Railroad
Company arc working vigorously on Ninth anu
iayod Tor considerable time The struc-
ture Third avenue-cxelus,ve OF the track.
is now up from Cooper Institute 10 nearly
Twentieth street, while the columns have been set up
further In Pearl street the structure making
some progress, although the division OF the work be-
tween two contractors seems TO DO productive OF
great delays. In the Bowery scarcely anything has
been done beyond setting up the columns ou one side
Fty-thrd street. with the exception OF the rss
the laying of which begun yesterday. Mr.
Bishop. oil the directors oil the company gives II
as OPP MON that the track will doubtless BIO
open for by the middle Of next month. Yesterday
the bids tor building the road from Sixiyh-s street
to Eightyhrst street. on Ninth avenue, opened
Az this portion OF the road 10 he jointly operated oy
the New York anu the Gilbert Company the latter
will be consulted before ,he award Is made.
Much popular Interest centres IN the proposed i'm
mediate continuation OF the Third avenue line 70
Eighty frat street. ave don't want a rapid transit
road 10 the Park" many people have been saying;
'rhc horse cars viii take US quickly enough TO me
Park. but lbs beyond the Park that We want quick
transit. Eighty street begins 10 look little
like rapid transit aud like getting TO the Harlem River
In forty minutes" Mr.. Bishop said yesterday that
the g,neers were SIN actively At work preparing
the detailed specifications Tor tho Third avenue
structure between s,xty-arss and Eshly-arss
would be advertised for. There Is no DOUBT
lay n " De
Tor iralllc by tue middle % August which would be
great boon 20 thousands OF people living on toe east
side bet Elghtcth and l0vtn streets. resident
oi Macbeth street, Tor instance, would be able to
reacn Eiahsy.hrst stree. In nall al hour and then
have only q lew minutes wax TO his home
THE GILBERT ROAD.
Only TWO or three blocks IN cnurcn street below
Park place remain TO be built, and the Gilbert road
structure may then be said TO DO compesed. rnc
curve IRON Church into Murray street, where build
the structure, Is ABOUT the usicst point Of tho
road, and Is regarded by all the residents o.
~. locality as public eyes're. Inc eng s.,a as
have been accomplished In any other way, although
even the substitution OF lattice in pace OF plate gpd
would have made Il, In the OPINION OF Dr. hbcrt,
more pleasant 10 the eye In reference to the cars,
a description OF which was recently gwen IN Tho
HERALD, DR.. Gilbert states that the cars as adopted
by MI. Pullman are just as designed by him, with lns
exception only that incy had middle doors At the
IN ADDITION to the platform doors Tho inclined plane
Tor the construction OF when the company mad
| oDtnu permit from tue Department OF Pubic
Works, Is now being made, as II is ready
II all New Church street and the en-
gnes and will be nolst.d upon u 10 tho
rack rnc cngines aud cars are expected 10 arrve
during 10 iatt, portion OF week. They viii be
ianded at pcr No North River, and transferred TO
Now Church street ny means OF n temporary railroad
track when Is 10 be lard Tor that purpose.
The Gilbert structure IL still ueiaced with posters
all the way from seventh TO Twsnty-tnird street
Whe tue Diipostcrs have reirains1 from putting up
new posters the old ones nave been allowed 70 no
naia Tue ordinance prohibiting this us ,ncc =
pccled TO put stop 10 u, bul the Gilbert company
cain tnat under their charter they aresy the
power 10 prosecute ana punish the offenders, and
they maintain that Ia the following Prov their
charter the word "njure'' must understood as
braoing IN It's meaning defacemcnts with posters:-
SECTION 6The and railways shall exclusively for
oil said corporation, ~ shall MT
lawful Tor any ercn OF persons other than pubic officer
IN the execution OF his duly such, mis- and
assistants TO enter upon the thron III portion
taereoi other proper
corporation provided Tor that without the consent
tine said coporaon under tue penalty OF So for each
offence TO be recovered W this poration TIE mun
cpa authorities OF the city New York hereby
hibitcd from giving any permission to any other per-
Uody Corporation do things
hereby authorized, but shall all times.