The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-12-17


ground claimed to have been conveyed to
i BY the city, from Twenty.third street
northwardly 10 point near the intetseC-
ton Of Twenty-second street, with the
river. In doing the latter Il removed cars
and tore up an old spur track belonging TO
the B, 4 o. Company.
The scenes Of excitement and threaten
cd disorder which accompanied these
movements will not soon be forgotten,
Fortunately, both parties to the contro.
yersy came 10 the conclusion to settle their
differences peaCeably before any serious
disturbance occurred. On the morning Of
the 23d an application was made to Judge
Melvin, OF the Circuit Court Of this Coun.
ty, for an injunction restraining the City
Of Wheeling and the p. W., & ny. Rail.
road from further proceedings In the raat-
tor OF extending the tracks OF the latter,
and that afternoon the counsel Of the dill.
ierent contestants agreed to q truce or ar.
mistice while the questions In dispute were
under legal examination,
A few days afterward the B. & o. Com.
pany gave notice to the city OF Wheeling
that It would apply for condemnation Of
city lands west o. Water street and eXtend-
ing to Alley 10, but the matter has never
been taken up, nor have any commits.
sioners TO carry out such condemnation
ever been appointed. II aiterward bought
from private parties, supposed TO have
titles thereto, portions Of the land sought
10 be condemned, but finding at length,
that this city was the owner Of oil OF 1t,
these purchases we're stopped.
The p, W. 4 Ky. Railroad Company
then gave notice Of condemnation pro.
ceedings in the County Court OF this coun-
", to condemn right Of way for itself
over tho triangle owned by the B. 4 O.
Company south OF the creek, and also for
strip Of land five feet wide, of the east
end 1.-TWO lots Immediately south OF Alley
10 and west Of Water street.
At this point the plot, TO use the Ian
guage OF the popular novelist, begins TO
thiCken." The B. & o. abandoned Its bills
in the Circuit Court OF this county, and
gave notice that 1t would apply for an in.
junction in the US. Circuit Court. The
?. W. & Ky. and the city oil Wheeling
both appeared and filed pleas to the juris.
diction Of the U. S. Circuit Court, and that
tribunal referred to one OF its Commits
sioners to determine facts as to other suits
pending. No injunction was awarded
and the matters referred still await the re-
port OF the Commissioner to whom they
were referred.
Meantime the P. W. 4 Ky. folks were
pegging away in the County Court Of this
county to carry out their plan Of condem-
nation above referred to. The B. & y.
asked that these proceedings be removed
into the US, Circuit Court, but its mo-
ton was overruled, and it then filed pleas
alleging that the ground sought TO be con-
deMned was already devoted to railroad
purposes, aud hence was not subjeCted to
condemnation. AS to the strip below Alley
10, the p. W. & Ky. Company replied
generally, denying the allegation Of the
plea, and as to the triangle south OF the
creek, it replied specially, setting forth the
actual uses to which 1t had been up.
piled, and alleging that the trestle
before referred 10, was erected by the
B. & o. Company in bad faith and solely
for the purposes Of obstruction. On these
two issues jury found in favor of the p,
w. 4 X. Company. A motion for new
trial was over ruled, and five commissions
ers, viz: Jacob Berger, John a. Arm.
strong, John Clator, David NJ. Alexander
and Frank Coen, were appointed to assess
the damages OF the B. & o. Company, sus.
tanned by reason OF the granting OF the
right OF way asked. These commissioners
filed their report on the llth inst, fixing
the 3. & o. damages at Sl,0lG, and yester.
day this report, although excepted to by
the b. & o. was confirmed and judgment
entered in It's favor for the amount named.
In connection with these orders, a ten
der OF the damages named, with costs, was
made to the B. & o. Company and re-
fused, and thereupon the money was paid
into court. The judgment rendered de.
crees title in the property mentioned, to
the P. W. 4 X: Company, and counsel for
the B. & o. Company have applied for a
suspending order that they may prepare
for an appeal, which application has not
yet been disposed OF.
To sum up the situation in brief, the
suits instituted in the Circuit Court of this
county by the B. & 0. have been with.
drawn; those instituted by the same Com
pany in the United States Circuit Court
are hung up waiting Commissioners re.
port; and those instituted by the p, W. {
Ky. Railroad IN the County Court OF this
county have thus far resulted favorably to
the latter Company.
AS to the probable result OF the litiga.
ton it would be idle to speculate. It il
about US much as we can do 10 keep
our readers posted as to its changes and
progress.