The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1880-05-14
c. B. BRocKwAY,
7. J. VANDERELIcE,
J. B. Robson, Co
NJ. P. LUTz,
U. II. ENT,
Com,

The 4o,on of bloomsbury, plaintiff In the Court
The Bloomsbury Water Company Pleas Of Co
Henry M Birkenbine and Har. l,tmbia cous
ry Brkenbine, defendants. y.
Sitting in Equity No. May Term 1880
OPINION OF THE COURT.
The Bloc msburg Water Company is cor
poration incorporated and chartered under the
provisions of the Act of the General Assembly
approved the Goth of April, 1874. The cor
pany is authorized and empowered by them
"tlv's, their agents, engineers and workmen
and with their tools, carts, wagons, beasts of
draught or burden to enter upon such lands
and enclosures, streets, lanes and alleys, roads,
highways and bridge, as may be necessary to
occupy or to obtain materials for the construc-
tion of their works, and to occupy, ditch and
lay pipes through the same, and the same from
time to time to repair, doing as lille dam
age to said Streets lanes alleys and highways and
impairing the free use thereof as little as possible,
and subject to such regulations as the councils
of the borough, town, city or district may adopt
in regard to grades or for the protection and
convenience OF public travel over the same.
The right of the company to enter upon the
streets, lanes. and alleys in question to lay
pipes is not and cannot be disputed, and it
seems to me that the only question to be deter.
mined is whether in doing so, they have done
or are doing as little damage to and impairing
the free nse Of the same as little as possible
Owing to the press of official business have
not the time, nor do | deem it nece ssary to
wriea lengthy opinion. After carefully con-
sidering all the evidence on both sides have
come to the conclusion that it has not been
clearly shown that the company is or has
been doing any unnecessary damage to the
streets, lanes or alleys but that they have i'm
paired the free Use thereof as little as possible,
nor have they altered or changed the grades as
adopted by the town councils. Doubtless some
inconvenience has occurred and will necessari
ly continue to occur during the construction of
the company's works. In the construction OF
all public improvements such matters must gen.
orally be submitted to for while The princi-
pal complaint ia, thatthe are mounds of earth
left over the pipes, much higher than the sur
face Of the streets, but, the evidence, If believ-
ed, shows that in short time this material
will naturally pack and the mounds disappear,
and that it would be imprudent to take it away
without giving it time to settle or pack.
As stated, am of opinion that the compa.
nv and the other defendants are doing az little
damage as possible and are impsiring the free
use of the streets as little as possible and have
not interfered with the grades of the same an |
cannot see any reason why an njunc ton
| should be allowed to continue. If, at any time
it can be made clearly to appear that the com
pany is not doing the work in accordance with
the Act of Assembly another application can be
made for special injunction which will in
that case be granted.
And now TO wit: May |, 1880 this cause
came on to be further head and was argued by
the counsel, and thereupon, upon consideration
thereof, it is ordered adjudged and decreed as
follows, viz: That the injunction formerly
| granted in this case to restrain the defendants
be dissolved
| WIN. NJ. RocKAFELLER,
President Judge of the Sth Judicial District,