The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-15
PROPERTY OWNERS In ARMS.
TRYING TO KEEP THE ELETf TED ROAD
OUT or FIFTY THIRD STREET
A suit In which Gen. Butler Lends n Helping
uand-Tho Metropolitan Company sued
Very vigorously worried CompInInt.

A Very vigorously Wordcd Complaint.
The first of the innumcrablc and costly
lawsuits with which the Metropolitan Elevated
Railway has been threatened by citizens living
ON the line Of tho road was begun Yesterday in
the Superior Court by DR.. Salvatore Caro- of 1919
West Finy-third street in behalf of the property
owners on that street. between Sixth and Ninth
avenues.
Finy-third street which was selected by the
Metropolitan Elevated Railway Company AS tho
route for its doubo-track connection with the
New York Elevated road in Ninth avenue, is
about half n mile in length between Sixth and
Ninth avenues and fifty feet wide. II is almost
wholly built up on both sides with handsome
stone front houses. mostly occupied as high
priced flats and private dwellings, The street
has not been thoroughfarc of travel, and the
din of the rafting trains on the iron sounding
board will bo fclt with thrce-fold more force
than on tho wldcr and noircr Sixth avenue.
Before it is too late however. the united prop
crty owners propose to- resist the completion
Of the road. and while the iron columns are
being put IN they ask the intcrposition Ol an in
Jun tiun against the railway company.
The legal step was taken 10y the Flfty-third
Street titzcns' Committee, after several moot
ings and long doliheration. 4 few weeks ago
the Committee waited on Cen. Benjamin I.
Butler. at the Firm Avenue Hotel. and laid tho
matter before him. lie promised to look into
a.
meeting with the Committee. n few days ago
Gen. Butler gave his opinion that the cti2Hns
had strong case. and could onloin the railway
company from completing the road. Gen. But
Ter consented oartas counsel Tor the Citizens
Committee and asked that Gen. Roger \. Pryor
be retained rs assO'lato counsel This was
agreed 10. and Gems. Butler and Pryor began
proceedings at once. DR.. Caro- who owned two
valuable houses in Fifty-thiri street. near sixth
avenue agreed to become ulHintl II in the action
ON behalf of all the property owners The sum
mons and complaint III the n'uun were yesicr-
llN uIf Mn
counsel Tor the Elevated Halfway Company.
The complaint sets forth that Fifty third
street was opened under the act OF April .. 1913.
IN ike manner rs other pubic streets. Tor the
passage Of man and beast, and OF vehicles
drawn 10y animal power. and at the time Of the
opening none 81 the streets OF the city were ap-
propriated for the use Of a railway. either sur
face. Underground, or elevated that wrong
fully and without legal authority the defendant
Is about 10 cXctyate and occupy the street to
coustru dOuhle-track steam railway. which
will impede. obstrurt and cmharrass the use OF
the street as a highway. and Will constitute u
nuisance.
The complaint avcrs that the deed under
which the plaintiff holds his property gives him
title To the land to the centre Of the street and
that the city engaged 10y u valid contract with
lne orlElha owner 81 the property 70 Keep the
street open as nm ordinary thoroughiaro, Any
act OF the Legislature purporting To authori4e
the construction in the street II an elevated
railroad. the complainant says. Is "A breach OF
that contract and contrary to the guarantees Of
the Constitution OF the United States
In constructing the road. the plaintiff alleges
the company Will intercept the access Of light
and air 10 his house. 10 the grievOus dscom-
fort inconyenience, and hurt of himself and
@ fr,b.r si, I'M ~ I'M lily " nnd n'Sm,
doicndnnt Will emit from It's engines, and into
sfnnches. will cr.nio frieItful and insufT .r.ii,
noises. and thereby deprive plaintir ana his
fnniilv oi mood mi rsnr-a nnI el.nn AMI ssri-
nu.Iv inipnir thnir hnnlth nnd wit 'hy The mrs
nnd Of its trains infect ths siahfiity
and security of plaintiffs dwelling house. be-
d..fruafinu hv snurk- md hra frnn il IN IA ,t,
49, i',m y t',,HS nv n,I liza d,S, H. s',h ',,
HnLitsiia ana uuf~nnntui'e i,. a home i',r nm.
self md fnin.ly enormously re,tltiug die valu.
of The rr"p"riy ''' '"'"'
Tho r.uitluiut con .lules ns f,lloyvs.
-, 80 -. ,, -, ,,'.. go. ,
eni v,,,o', he ,l,.rt ~ srP iht ,r t
a. .re.aid Nr0n-s ana iuucs which DO, i.iendant in
tend. and is a ut 60 nnici uppn piaugn ami l- .ad
In nd tw ho.'e ald fis T. iii - anl cas- u"i.t
ir"t ,s,l,t,d ,f,, .t,., l, 'r ,. A. iib w., ,,
f iir" rts, ii'9 .oy r,,l',t,, ' Guy lf"
defendant ~ r,cour- To- TIE rih 90 nnefi iuaiu A.,
corded tnt hy Jaw. taken nn, step Co compensate plain
On nr any of ,Atl l., coy IN afr, hut go 20 son.
0,', ,i' a., , .., r & 49, ,, Is ~ ..,' , l.Il lo
On s'a l .. t,.rt AK wi,t '1'1 ,,,
or lni.uully and lu defiance ue laws ANA ,ou,i4t
uulr tlg state
That D., u' '3nt. 'eii railway le Permitted o. ho
hu tNl nltihfl NNN- -H4 slttt ana ln ifNNi OFF l.l
w. q, If H. i,.i a., ,''. ~ ,.
trrmilaie li.atnu and Tor which daulses Nil nnorl
lin no arlrornalc or adequate r,ci. uat n, raintd
"l ,' ,'ian' - ,''''n'nl siu wa ''.e
w sr,i,,.t ~ ,f.i AZ. tl,i,1 d. r,,,i .t b. i,
O. IT, fIf s Ift
it, value ~ hat ANY execution AGAINST It wo.l be Idle
AMI iruiucss
Tho rnanocers ~ tho rood had lt,ie ~ say
rerar,ling ti,e suit anl ntrearei a. thiuE il =
no imrortance 4 inwvor who - cnuuncfai
,yitb tha road exnre-snd The ouininn tthat tls
intnn,tion rne,rafninr tho cnnsfrua,inn ,votiI
MOI he ,rronfsd Tho Court 81 Anrnals ba eeil
dnrf.leI IA vear no, tbnt No oi,..Itinn ~ ANN,
at.s con ref be- trisI uutll liz r.ni vas r,,t-
ming as no one. was c1murteut tn ,.st mate rrs-
U"ciiye inu,,rns The crn,tauv has ihr.a
y."is i'm ,yi'i'H H. NJ. H. Dn.,y"r nv The n,,.
tro,, h,.fweru Inc NIetr1roiifuu Elevated Rail-
yrny & .rrnntv and the Nsy York .,u nti In
t,rNvnnl.nt t1mueuv nj. r'.rt,-,',.- - tEo
rnna nh expruses ~ litigation in which tGn
rond mnv become involved nnd me cnet ~ No.
guiriug Inc uacre-nry lands nre To- be- mid iv
Il b. IrnfroyeInout Coninnuv
Son; of the creiit1re 81 tho Na,ronoiitan
Tlnyntel Rniiwnv Cotutany have prafnrnJ .,
COMPLAINT against the NV YORK Loan nni
Itnnrovoment Cnmnnny the N.trnnolitan Tin-
Vuted Railway Couiuaily nnd lose + NuVnrro
George NJ pullmnn' and Cornelius X Gnrris,n
coui6lutIy which ins been submitted a. th@
ATTORNEY General for considernt'nn Tho A.
torney-(ieneral has been rrqurstnd 10 Institute
notion on behalf OF the t,eolIle Of tho Sint. IN
Nov York ns uintntlY. - for.e tho dissolutio,,
Of the IMPROVEMENT company. and the anuul-
ling If the contract under which the NIrtropoli-
tan Road WAS mortgagrd To IT, The suit also
c1ntemrlatcs thrru Mining 81 The RAILWAY com
pany from issuing any stocks and bonds tx