Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-04-16
Judge Barrett,n Injunction.

On saturday last Oil OF compliant from
the Bratteboro a. Whitehall railroad COM
pany, through its president, c. f. Thompson,
was presented TO Judge Barrett at Wood
stock praying that the Vermont Valley rail
road company might be prevented and en-
joined from hinderipg and obstructing the
use by the Brattleboro q Whitehall railroad
company of its road bed and privileges leased
to it by the Vermont Valley railroad company
This bill of complaint recited in detail the
facts relative to the subscription of the cap
ital stock of the Brattleboro & Whitehall COM
pany, the hesitation Of the officers between
the Esteyville and the Vermont Valley routes
for entering Brattleboro, finally decided in
favor of the latter by the offers and represen-
tations made by the Vermont Valley compa-
ny, the work of construction done up to De-
cember last, the refusal of the Valley com
pany to accept a tender of the rental due,
and the action of the Valley company in
showing its track over on to the Brattleboro
& Whitehall road-bed with the evident inten-
ton of obstructing the completion and opera
ton of the new road. The bill closed with a
prayer that an order from the court might is
sue securing to the Brattleboro Il Whitehall
company the use and enjoyment of the
rights and privileges leased to it by the Val
ley company. In answer to this bill of COM
plant and petition Judge Barrett issued the
following order;
ToHe ItymOHt Iaihy Rajlr0dd COmpdHyof
1871, It's agents. attorneys and SerrdHtS.:
In consideration of the facts set forth in
the foregoing bill of complaint verified by
oath, you and each of you are hereby re-
strained and enjoined from occupying longer
than forty-eight hours after the service of
this order upon you, the road-bed of the
Brattleboro d Whitehall railroad company,
or any part thereof, as the same has been To-
Gated and graded, extending from the point
where the same enters upon and connects
with the Vermont Valley railroad company
of 1871, about 900 feet south of the railroad
bridge over the West river, to point oppo-
site the east end of Walnut street, in the vii
lage of Brattleboro and also from prevent
ing, hindering or delaying said Brattleboro
Whitehall railroad company, or their agents
and servants, in laying their track thereon
and using the same for railroad purposes
You are also restrained and enjoined from
locating, using or continuing to use, for
more than forty eight hours after the service
of this order upon you, the track of your rail
road any nearer the road-bed of the Brattle-
boro n Whitehall railroad company than it
was before it was removed as stated in said
bill and any nearer than it was on the day of
the execution of the lease mentioned in said
bill of complaint-that is to say on the first
day of February, A. D. 1879.
You are also restrained and enjoined from
extending your side track, described in said
lease as your west track, northerly from
point opposite the east end of Walnut street
aforesaid, and from preventing, delaying, OBJ
structinS, or in any way hindering the Brat
tleboro a Whitehall railroad company or
their agents and servants in laying their track
on the ground where said west track now
lays, and having the unobstructed and bene-
fetal use thereof for railroad purposes, from
a point opposite the east end of Walnut street
aforesaid southerly to the lower switch of the
said Vermont Valley railroad
You are also enjoined and restrained from
preventing hindering or delaying the Brat
tleboro a Whitehall railroad company or
their agents and servants in putting into the
track of the Vermont Valley railroad switch
and frogs near the southern terminus of said
Vermont Valley railroad near where its lower
switch now is, and laying third rail thence
across the arch over Milestone brook to the
southern terminus of said Vermont Valley
railroad; and when said switch, frogs and
rails are so laid, you and each of you are re-
strained from preventing the Brattleboro n
Whitehall railroad company having the full
use thereof for railroad purposes and running
their trains over the same according to the
provisions of the lease in said bill mentioned,
and at all reasonable times as shall not inter
fere with the running of the trains of the
Vermont Valley railroad company of 1871
over the same. This order is granted and
will he observed until the further order Of