New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-01
RIYAL TELEGRAPH LINES.
MOTION FOR A PERMANENT INJUNCTION AGAINST
THE CENTRAL UNION TELEGRAPH COMPANY ~
wEsTCHEsTER COUNTY.

MOTION FOR A PERMANENT INJUNCTION AGAINST
THE CENTRAL UNION TELEGRAPH COMPANY ~
wEsTCHEsTER COUNTY
An action was recently brought by the New
York City aud Northern Railroad Company against the
Central Union Telegraph Company to restrain the de-
PENDANT from erecting telegraph line on the route OF
the railroad along Harlem River to Lake MahOpac.
The Central Union is one OF the companies engaged
building the lines OF The American Union Telegraph
Company The grounds OF tie SUIT are that the teie-
graph company began and parity erected line OF poles
along the line OF The railroad without the Il the
plaintiff that the route Is ~ be part OF system OF
elevated railroads IN NewYOrk City; that the strip or
land is 50 that the ground must OF necessity be
wholly appropriated 10 the Of the road and that
the occupaton thereof by the defendants teegraphc
purposes will deprive the plaintiff OF its rights and
franchises aud work ireparable damage. The plaintiff
asks that defendant be euJoned from going on plaintiffs
land and operating lines already erected and that
IL BE- required the poles and fixtures from the
plaintiffs giounds The argued before Justice
Barnard o. PouGhIeepsie yesterday e17Judge Lowrey
OF Lowrcy, Porter & stone appearing for the plaintiff
ana Charles ~ Judson and T. H. Benn for the defendant
The proceedings upon tho return OF the order 10
show cause granted by Justice Dykeman on the l|th OF
July. 5000
ant mas erected some poles on the plaintiffs night
way thar the plaintiff obj cted and that the work
continued without It's consent.
fore begun The purpose OF condemnng much
OF the plaintiffs land be necessary Tor the pun
poses OF erecting tel graph line; that the Inc consists
OF series poles placed at intervals Of $50 ie. with
line wires stretched upon theu aud distant from
tile railroad track almost every Instance about twenty
feet and that dtuase can accrue 10 the plant II
thcrerom. The defendant also claims that the fact tat
the Western Union Telegraph Company mas erected
line on tie railroad, and much closer To me Track
than the line the Defendant, is conclusive proof that
inc dele adants works damage To plant Il, and
that the action brought by the plaintiff sOiey IN the
interest of the western Union Ieleeraph Company 70
preserve its monopoly aud 70 prevent the erection
Of a competing line Of Telegraph. II Il also
claimed by defendant hat after bryan the erection OF
the line an agtecWrut wag made between TIE pIAnun
md The Weslera Union Telegraph Company FOR The eX
elusive use by the latter OF the roadway Tor teegDphlc
urposss and that since that time the western Union
has built a limo along the road which one wire Is
,.xtcudeI although the company has within distance
OF two miles, almost every instance, heavy ne- OF
wires capable OldDng al itsDusiness The de endant
also claims that the railroad has been practically
abandoned that there Il little work being done
upon H. aud tnat tbe tho land for railway pur
poses has been mo, niteY postponed Ii claims there
lore that all OF thes3 ground5 the lrtepdraDe dam
age when Is the foundation OF tho preliminary lnunc
ton Is entirely dsprOYcd.
The do endant also CLAIMS that this INDUCTION stops the
Use OF It's inc from NewYOrK tn Albany, and that IRE
parable damage will hence be done TO II and not TO the
railroad company the granting OF an injunction.
Justice Barnard reserved his decision.