Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1882-02-25
SETTLED.
THE GAINESVILLE AND PORT ROYAL
TURNPIKE CoNPANY'S SUN

THE GAINESVILLE AND PORT ROYAL
TURNPIKE CoMPANY's SUIT.
In the Chancery Court last week,
Hon. Jas. +. Bailey sitting as Special
Chancellor, in the absence of Chancellor
Geo. +. Seay, rendered the following
decree in the suit of the GAINESVILLE
and Port Royal Turnpike Company
VS. Montgomery County, ct ais. This
suit has caused great deal. of interest
among those of our citizens living in
Districts No II, ii and Is of our
county and has been holly litigated.
1t grew out Of the establishment of
road known as the Paradise Hill road
by the county, which ran parallel to
the GAINESVILLE and Port Royal Turn
pike Company's road, and which was
claimed by the latter to be only "shun-
pike" and as such violation of its
chartered rights. We give the decision
in full in order that the poin5s decided
in the case may be fully understood:
GAINESVILLE and Port Royal Turnpike Co. VS..
County of Montgomery ct AL, and
W. H. Anderson VS.. James +.
Moseley, eli al.
Be it remembered that these two causes
came on To be heard before Hon. J. +. Bal
parties were consolidated and ordered to be
heard together, and were heard upon the
pleadings, proof and exhibits. And the
court being fully advised and being OF opin-
mnch nf al npH of
which begins at a point on the old Nashville
road otherwise known as the Paradise Hill
turnpike, at OS near the residence of ]. +.
Moseley, and runs thence south to or in the
direction Of the Charlotte road, is not shun
pike or nuisance, but is a lawfully eStab-
Iished public road, and as such can not he
maintenance no right or privilege contained
in the charter of the GAINESVILLE and Port
Royal Turnpike Company is violated, and
doth accordingly decree and dismiss so
much of Complainant's bill as seeks to have
said road running from said old Nashville
road to the Charlotte road, closed as "a shun-
pike and nuisance. But the court is of
opinion and doth so decree that the alleys
or lanes running from said extension of the
GAINESVILLE and Paradise Hill road out to
the GAINESVILLE and Port Royal Turnpike,
and being the alleys or lanes between the
toll gate of said company and the corporate
limits of Clarksville, are nuisances or shun-
pixies and are a violation of the rights and
charter privileges of Complainant, and as
such are ordered to be closed and INSTRUCTED
SO lIlaL the same can not De uStu as PUBIC
roads, and leave is accordingly given Com
plainant TO close said lanes or alleys so that
they can not be used public streets or
alleys by persons travelling from or to points
north, east or west of the point where the
road before referred to leaves the old Nash
Vile road at the residence of j. f. Moseley,
and all use roads of said alleys or streets
or lanes so declared to be nuisances, is en-
Joined and perpetually prohibited, except
by persons living between the residence of
said Moscley and the Charlotte road, and
gates may be erected and maintained by
Complainants across said alleys or streets,
and all use of said alleys or streets is pro-
hibited as being violation of the charter of
Complainants except by persons living be-
tween the residence of said Moseley and the
Charlotte road. The injunction here granted
will not be operative until gates or fences
shall be actually placed across said alleys
or streets AT either end by Complainants, but
upon their erection the injunction here
granted shall become operative without
further orders, and all persons are perpetu-
ally eiljoined from tearing down or taking
away such fences or gates when so erected.