New-York tribune., 1880-01-08


sfltuional taking of their property. The answer
was thar the appellant had no property in the road,
and that whatever Inconvenience he suffered was
for the public good General Butler is TO speak to-
d,y. There was collision yesterday on the West
Side which fortunately resulted in no loss OF iife
THE LEGAL ARGUMENTS
ADDRESSES TO TIE COURT By ROGER A. PRYOR.
GEosyESOR =. LowREY AND JUDGE JOHN h.
PORTER
Salvatore Caro-. one of the property Owners
on Flnyfhird-st along which the Metropolitan Ele
yaed Railway runs brought action IN the Special
Term of the Superior Court permanent injunction
AGAINST ,he building OF the road AID the running OF
trains in front OF the plaintiffs dwelling Inc reeIee
sustained a demurrer made TO the complaint as pa"
m subs and appeal was made to the "ehera lr.i
Ire case came on Tor argument yesterday before CEit
Jus,,cc Curtis and Justice Spicr. This is made te't
co4 h determine the question whether propcrty-owrer7
aorg tie line OF the Elevated Roads are entitled 10 com
pcn.at,n for ali the injuries, present ard prospective
done 20 heir property Tine character oi the ease ana
the reputation of the counsel employed attracch IVbe
numbers to TIC courtroom. Goueral Bncr BUSTED INTO
the court room wearing heavy iur-rimmcd oyerc0at
Wucp l took this OF De clIculiy transferred tea-rosc
from, The oycrcolt iaDc TO button-hOle OF hs frock
coat As usual, Whenever he appears in Nc"-fof@
courtroom be attracted much attention from the spec
tat0rs.
GENERAL rRl0HS AEIt DENI.
General Pryor mada the opening address for the APP
| pclant.. without iudugmg any preliminary explain
ati, cr ta he began ut upon the argument from
ms brief lie very earnest throughout -Four con
ec.sion, were first made. os having been definitely
settled by former adiudicatons-that the zee OF tDe
street was IN the public; that tie appellant had
no ,omeut or other interest IN the soil which the rail-
road company invaded; that the railroad was con-
,J and oprrltcI by the authority Of law and tnat
morn .preciaiiou Of the value Of th3 appellants prop
e-v b The construction ana ouerouon o the rIlr'ao
',r tre intervention oi any physical agency 20 the
! i,iury of such property. would ne cOh.ri1chli"I
% f,sf roint contcudrd fof by General Pryor
tha as o~tcr and occupant Of a i7. ana d"eln--
had a tig.t to tAp Use 1na enjoyment 0i luc
io AND dive g-huu-c free from r disturbance ana ih-
,aoo OF -uoh rshr The land OF the appellant wa
tnAcu or -tro.taud fora street TO b9 hPpIop.A,ei
aud s.pt opcu tr-'c, Ih: i l.e PAD nun 10. al, a,n
WIS none ot tan me oeneiI- ana 's,, '.'IJ .
.t.t I4o-c brurnj- amt advantages were considered
| ,a ,A. ...c p''ti' a., re .s. Of The ana tlAeu
Hence receiving tr'. nrrr'is ana iES- III I''
/ ,,1 ...r, interest iu t.cu, of which h- ma' nor ID"
/ 'r,i.rea W.fton. Indemnify. ana having acquired
,,., c.,,,.i to iat t.a, sica ra.r, ..nt j., not
/ property Either - j. rr.p',' or +i'L u Ii'iI.}
fi 10. .,l a l- i.,a oit is nor vested and respond
Ganc. r., o.. O., 'h- roint m pie areuncr', crew cy
,Iiurl, warm and ir So ana on,r'' Buiier t"'c'
/ G,Lc.l. PRYOR coutcndc1 i.HtbCr utt ih, ih,
uy lhC,l on i"r "Pp',.'' ' QUE ,,.,.r,y I"'.,.ty
/ .. without comp.r-'H.a. -"la',G ]o ]
f,i ,b, ho..s whore iu .us-r uh cc' ou thc property
of o.e b5 ,e "..,,, .. ~ .' ,I,r.l ~"
i-,r, to i.e rl..t of olr- daHtr.' obsY' Hyrr'a
s1 ..l., ,.,l ..sn,i Wien 30 cr,ig ucommadei Hmm
o.. o,c.pauos and enjoy n,.i oi h' i.,ae, % ana
! p', tcd .'1r,,, ''' ~ ' ,,l,r,ii,. cficct Iy
.rI tIst tIt. I'D. i 81 a.
ru,n Ii,' "', 49, 49,. and ,alpynca, OF .c
,..- tti,. oi property. Upon thr o'ie.r'. ac-
/ au..Hon OF tnr appellant, hand ~ ug pu"hc
! which lc compai.ri hi, Il Nl- .' %, t, w
uon ma th, Iil.r' thou-h mercy n, ,. GA, in
value az 3D. RETAINING pt"i I! i'' ~ 'l'' ',
io ,Lci tlc parcel taken vas -uJ ''I WAS Do" INJURY
.ir. General Pryor urged. wen though There were
40 t4Sue ID the arr'an1' lioi 'H 'rI"I9 ~ -'u
,,,rr.Itr p, .il,t w., ry luuuc .H Human ,Hrrrruc"
g. i'a,a @ ~ & I ,nn ir cni men. oi lie ami pro-
crr oni mat t- CON ttutct au a,tiont'c hiuy Was
,.,.. ~. ,r,r m r1 W aa -, le orrued ,n.tthc
.p., 4ut i deprv oi ni- ID ,fi' 90, 'l r''' rGo"
/ *rs @.J INV ,t4t rnr tscp.r m1v become
d.-po,.. o. auy monarch iuYadc- ur il'eiirh 81 ll1
.u j,ct- tnrsr Is aiW''' ultimate F'u,','o' IT.. inc @'"'
il.,roi i.r people tu roarr-. tA'I Wf"p -. rlt.
hrr ,rc more powerful IMAM lhe monarch lnt II tie
people choose 10 ol.trrII i.' Ii-h' ' ..'t.
tona PROVISIONS on wh.cn ve ro' e.
MIR. IoWRiY'- REPLY.
yr Ta,srcv responded for thr railroad romrauy. IT."
-If.. ,ic form 90 which r..y had expected 90 pro
.,. tDlr arguments woud DE- changed b. me corc'.
..,. l,y t.. other .dc 20 opening. os we'll a. uy
tb. i., ....,.t,d character ot the ar-amcn.s, "a-
lp,n",lr Lowrcy continued "1 thu. tia my friends
on t.r other side have drawn upon th''rmiAy expert
enc. in lnoans those coucott'on." iofe'tu- To form
a-ar They have appeared 10 abandon these points ana
We, are constantly using them. There teems 10 De %"
ce,,t here 10 sustain claims constantly denied by
otlor court, hy calling them by plmcs. Il is the
settrd Law IN TINS state th't th" tee sinple
tfir to Ipds IN streets IN this city, opened under
| The Act OK 1913 Is III tie Mayor Ahefuleh
| and CommOudlty, without interest or estate ol any
kind in the original owner oi such lands or the
vr owners Of lots abuttnS ON suc streets ana
fl i. equally well settled that 10 private PROPERTY or
interest taken wthn The in'aiuEoi Article osCtlon
Il ~ the COn-titutlou when nc" use i imposed uP"
me lands ~ such streets While IT IS compct'hI ana hoI
too iucouyenicnt for practical aprpc,'un i' 'I%onG %
| co,uuani,s should be required Ia lay Tor al lana
taken by them before the construction OF thcr roads
yet It mght well hGppsh ui, we VA oSlt'l w ~,
gtiou 10 compensate for all the more or less intimate
effects Of building railroad would nave blt one teSu
namely, 10 rIohlpt ao7tlIfr t"e ..'''t p ,," ana
provemont. When such road is In pubic use, ana
! when especially 10 is as III THIS case YIal punitc
necessity, TIE public interest Out"eiShS e piI'"'o III
| jury: .., oo,,-.,, -, hi, o,.nir, address snake
with some warmth Os the great damage by This road,
nrtiing It as hlgn 100000. This would be more
man r value the road and 10 carry ont the princi-
ME- of compensation sought 10 be norccd here would
have been prohllye Of the entefplisc at any time.
| .V,u The paintif has no interest In lands IN the
street adjoining lot, nor IN the uso thereof or,
fcrcnt FROM hlt possessed by the general pDlc ana
| every Individual member thereof. The construction
and utenance OF the defendant road being author
znd by law cannot he Of legal injury to any
ncrsnn nor the subject any action for damages
strain and operation Of the same when completed
can made the subject OF action for nacaSancc or mis-
frasance only. single ice cart ratthng over Broad
| way pavement makes more noise than amy elevated
railway train II Is possible that goods and passeu-
GERS shonld moved IN cy like tnls without causing
more less discomfort ana inconvenience 10 those who
| are not engaged In the removal These arc
onyeniences msrpaTab'e FROM life in large crowded
and busy city iy the law OI the state Of New York the
"a admitting upon street opened under thc
Act Js13 no estate OF interest nor any a