The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1883-01-12
bloomsbury W. ID. j. Waller.

The bill of complaint of the plaintiff in
this case sets forth that previous to Sep
tember 1882 ID. j. Waller hid opened and
dedicated to the public, the extension of
West street below Fifth, and the same had
been accepted by the Town and the public;
that the Town had taken possession Of,
repaired and improved said street that at
the time of such dedication and accept
ance, there was q runlet which from time
immemorial had crossed West street at its
intersection with Fifth, and thence through
the adjoining land of d. j. Waller and
others that the said d. j. Waller and his
employees, since the first day of October
1882, have by an erection OF earth stones,
plank, posts and gravel at the intersection
of said Streets obstructed and changed the
course of said runlet from its natural bed,
causing the water to overflow, and gather
in pool, causing noxious smells, and i'm
peding travel. and the said ID. j. Waller
refused to remove the said obstruction, or
to permit the Street Commissioner to re
move the same, thereby maintaining a
great dangerous and injurious public nui-
sance; that the defendant has commenced
the erection of stone foundation in the
course of said runlet upon his lot of ground
on the corner of Fifth and West streets, in
| such manner as to permanently Obstruct
and prevent the natural and ancient flow
| of said stream, thereby causing the over
| flow, change of course, &C., and creating
and maintaining a public nuisance; that
| after said West street from Fifth to the d.
L. & w. II. r., he'd been dedicated, ac-
cepted, repaired, and used as public
| highway, the defendant and his employ
ees, opened deep, dangerous and exposed
ditch on the sidewalk of said West street
between Fifth and Sixth streets, into which
ditch the defendant, by means of the said
obstruction and stone wall, changed and
diverted the course of said stream from its
natural course through the land of the de.
fendant, and caused il to run in the said
ditch along West street, thus obstructing
and rendering impossible that portion oI
the street, and thus maintaining public
nuisance.
| On the presentation of this bill pre-
liminary injunction was granted and the
hearing took place on Monday last, having
been adjourned from Friday. After argu
ment by counsil the following decree was
made by the court, by agreement of botl
sides.
The Town of Bloomsbury
David j. Waller.
No. l. February term, 1888
And now, January 8, 1888, the partie
appear and counsel for the defendant move
to dissolve the preliminary injunction
after hearing the Court being of opinion
that by reason of bars or fence having
been erected, kept up and maintained
across West street ut its intersection will
Fifth street at the south side of the latter
by parties controlling the land alleged t.
have bean dedicated as street until No
vember 30, 1889, by which the public ha'
at all times before been precluded fron
using the said land as highway, and n
acceptance having, since its removal, beel
made or taken place by the constituted
authorities of the Town of Bloomsbury
therefore the said West street as describe,
in the bill has not become public high
way and the injunction ought not to b
, continued.
1t is therefore ordered that the injuncto
, be dissolved.
ii WILLIAM ELwBLL,
President Judge.
This does not necessarily end the ltIgi
ton. The plaintiffs bill is not withdraw
and the defendant may still be required I
answer or plead, and the plaintiff may d,
mur or take issue. In the latter case III
cause may be referred to Il master and c!
aminer before whom the testimony can l
taken, when the parties can attend an
cross-examine. The refusal to continu
the injunction amounts to nothing in Sc
tlng the rights of the defendant or Il
3 public. That can only be done on fin
hearing,
Il We have said this much TO correct a
r impression that the questions at issue hay
been adjudicated.