The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-24
THE COURTS.
Legal Complications Of Rival Tele-
graph CompanieA
"BABA" INJUNCTION CONTINUED.
Mortgage Bonds Of the West Side Ratent
Elevated Railroad Company.

The suit brought by the Gold and Stock Telegraph
Company against the Central Union Telegraph Com
pany came before Judge Sedgwick in the Superior
Court yesterday on q motion to continue injunc-
ton already granted against the defendants The
plaintiffs. appears by the complaint operating
telegraph line. erected along tho north side OF Green
wich avenue. from Christopher street to Seventh
avenue. and also along Seventh avenue. from Green
witch avenue to Thirty second street. and from
that point the west side of Seventh av-
enue to Fifty-sixth street. The defendants
have partially constructed and threaten to
complete telegraph lines upon the same side Of
tain streets operated by the plants aud the latter
acge that in order to insure accuracy in the reports
and quotations its it is necessary that the
insulation wires should be perfect and to
the for the purpose Of repair easy and unhin-
dercd. aud that this cannot bo done the deiendans
erect their poles tho courseor lnco on
tho same side OF tho avenues at the places
occupied BY their line. Tho plaintiffs
state further that IL the poles ana Wires
OF the defendants are thus erected great injury
will DO done to their line by the breaking of-their
wires. the grounding or crossing OF the electric cur
rents. producing total interruption OF business or
disastrous delays and other derangcmeutsin
their business. The plaintiffs accordingly ask for al
injunction pcrpctualy restraining the construction
OF the line In the stated. Tho complaint Is
supported W several afhdavits setting forth the
allcred evils attendant upon the construction
OF the Defendants line being the part expert
and technical In their allegations. Tho defendants.
in reply. state that the grounds upon which the
and they allege that the action ~ not brought i'll
good faith; only one OF the plaintiffs atlantis
Charles McNeal, repairer of lines IN the employ OF
the Western Union Company claims TO have seen
the defendants' line. The other aiiidavits arc all
ii aSa on Spo the other hand tho deisndants am
davits ahey claim, show that II the line
is built proposed there will be no contacts
or interruption of the other line that the two lines
will be ut least five feet apart at their nearest points
on seventh avenue. aud ut least two foet apart at
their nearest point Greenwich avenue. In answer
to the charge that the lines cannot be constructed
one vertically the other with propricty and
safety. and that competent telegraph constructors
would erect lines III such manner, tho defendants
say that 1t is not pretended to be averred how close
lines can be built to another with safety. but
simply say they must not DO built too
close On this point Robert Brown. who built
the plaintiffs line and u Is now building the
defendants line swears that the method adopted by
the defendants in reference 10 plaintiffs line Is
proper method of building telegraph lines; that he
has frequently built lines in the same way for long
line built by him for plaintiffs Immediately over tho
fire telegraph on First avenue from Houston street
to Twenty sixth street. He also says that he has
frequently built parts Of other lines for the plaintiffs
in the Asame manner and that 1t Is wholly unob-
jectionable. Other adavits OF telegraph contractors
corroborate this statement, and state that tho de-
PENDANTS line Will be . properly constructed limo
and open to complaint on the part OF the plain
tins. one ainanf says that II inc lines are Kept
points to the fact that the instances In which tho
plaintiffs and the Western Union company run lines
vertically the lines OF othor conpnnies
merous Tho defendants further sllsge that in
making repairs the dcfendants line will be i'm
pediment to PLAINTIFF, and that rcpairv be made
on the plaintiffs line without hindrance from do
fendants', and that in such respect they will be
equivalent to an equal number OF wires ON defend
ants own poles. IN regard to the claim OF tho
plaintiffs that whom tho lines arc built
so near each other the plaintiffs viii DO pre-
vented from using the galvanometcr. which
Is tho chief means OF locating breaks. they
claim that their afdavits show this 70 be false
much the gAlvanoneter Is practically useloss In
locating breaks and Is not used in this city at all
anywhere else except In cables. The defendants
further claim that tho plaintifa have no right ON
Greenwich avenue innsnuch ~ their lines were
Greenwich line Is not used by tho plaintiffs.
In conclusion 1t Is claimed that the defendants
amply responsible In tho matter OF damages. and
that the injunction is working rreparabe injury
them. At the conclusion OF the argument Judge
Sedgwick took the papers rcserving his decision.
Mr.. Sorcn appeared for the plaintiffs and Mcssrs. c.
N, Judson and h. II. Benin for the defendants.