West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1881-07-20

special license of the city, extended
its spur track built out from the
original siding five hundred and
forty feet or thereabouts in a south
erly direction from its original ter
minus This extension was built
partly in Water street and partly
on the lands of the city lying Yves
terly of that street. For some time
it was used for standing ears and
loading and unloading freight.
After time the city commenced
depositing refuse earth on top of
the track and for some years before
the grant Of the right Of way was
made to the P, w. & Ky. company
the track was covered in some
places several feet deep, so as to
prevent entirely its use by the com
pany for a considerable distance
from it's southerly end. At the
time of the grantof the right Of way
to the p w. q KY. company the
use of the extended track at the
place where the P. w. & KY. had
leave to pass with it's road had been
substantially abandoned.
5. The B. & O. company acquir-
ed title pursuant to the agreement
Of 1852 to the ground known as the
Point Factory property, bounded by
and extending into Wheeling creek
and the Ohio river. 1t acquired
also all rights Of wharfage pertain
ing thereto. It's depot improve
ments north of the creek were all
constructed on this ground. The
top Of the river and creek bank
when these Improvements were
completed was not at the top of the
slope Of the ground as filled and
graded out from the original bank
into the river and creek, but at the
place where the grade Of the filling
on the surface ended and the en-
bankment as constructed fell off
steeply towards the river and creek.
That place at its intersection with
the south line of South street is
sixty-three feet from the freight de-
pot Of the B. q O. company, and eX-
tends on line parallel with the
freight depot and siXty-three feet
distant therefrom, until it reaches
the southerly line of excavation No.
3, as described in the testimony of
the witnesses Martinez, Peterson
and others From that point to the
line of the abutment of the bridge
on the north side of the creek, it is
impossible from the testimony, as
it now stands, to fix the line with
certainty.
6. The B. & O. company is emit
tied to decree enjoining the City
and the p, w. & KY company from
interfering in any manner with the
use Of the tracks on Water street
and the lands Of the city adjoining
as they were constructed and main
tanned on the 18th of July, 1879, ex-
cept the extension Of the spur track
leading out from the original siding
above 22d street and which was laid
down in the year 1871 or thereafter.
The B. q O. company is not entitled
to an injunction to restrain the
city or the P. w. & Ky. company
from using Water street or the lands
of the city adjoining that street on
the west for railroad purposes, or
otherwise, provided such use does
not interfere with the free and I'M
interrupted occupation by the B.
q O. Co., of the tracks above de-
scribed for all legitimate purposes
connected with the business of its
railroad.
7, The City is entitled to con-
veyance from the B. & O. company
of the lands acquired by it north Of
the creek, and southof the south line
Of South ST., between the top of the
bank as heretofore fixed and deter
mined, and the river, and also of all
lands between the top of the bank
as it shall be hereafter ascertained
and determined, and the creek and
and river, save only such ground as
shall be requisite for the abutments
Of the bridge across Wheeling
creek The City is also entitled to
a conveyance of all the wharfage
rights pertaining to the land so to
be conveyed.