The daily gazette., 1883-10-06
THE IN1UNcTION CASE.
stil Arguing the matter Before Chancellor
Salisbury.


In the Court of Chancery yesterday
Samuel II. Baynard appeared with his coun-
eel. in answer to the summons, to appear to
show cause why restraining order should
not be granted preventing him from pro
ceeding with the erection of the bay win
dows on his new building at the north
west corner of Fifth and Market streets.
Austin Harrington, counsel for the com
plainauts, Charles F. Thomas and John M
Whitiord, made application for restrain
ing order until counsel had time to prepare
argument After some little debate the case
was postponed until 8 O'Clock when the
bill was read setting forth the Importance
of Fifth street as q connecting link between
Shipley and Market street, complaining that
the defendant had and was erecting walls
projecting three feet on the sidewalk, Sc
riously encroaching thereon and obstructing
the passageway aud making public nui-
sanse; praying for return, restraining
order, a preliminary injunction, and that
the projecting walls now erected be de-
clared q nuisance and ordered abated.
The affidavit OF the defendant was read In
answer to the rule in which he affirmed that
he Is erecting a building, which will cost
when completed about S27 900; that 1t was
commenced June 10 and he expects to have
1t completed by November and will occupy
1t for the manufacture and sale Of jeweIry;
that the months Of November and December
are the most profitable in his business and
if deprived of the use of the building during
that time 1t would cause him loss and en-
barrassment; that he had applied
to City Council for permission to
erect the bay windows, which privilege
had been granted on condition that he re-
move the area-ways OF the old building
with three sets of steps projecting more than
four feet from the building line and a
telephone pole, two and half feet In diane
ter, which left but about six feet of clear
sidewalk; that John NJ. Whitford had agreed
to such an arrangement; that he was al
lowed by an ordinance passed March %,
1888, to erect the three bay windows 6uilt
up from the foundations and not projecting
more than three feet upon the sidewalk.
After considerable sharp discussion the
defendant was granted leave to convert the
affidavit into an answer, and the Chancellor
directed both parties to file afidavits at 10
o'clock this morning, and the court then
adjourned.
At this mornings session Mr.. Harrington
for the complainants presented and read the
affidavits of Messrs. G. +. Thomas and Johr
M. Wilford, NJ. NJ. Childs, Joshua 7. Heaid
Allan Speakman, Thomas NJ. 0gle, H. B
Cobb, L. G. G. Greenman Il Co., Emf
Bucher, Meyer Meyers, John G. Baker anC
Henry +. Dure in which they affirm that tn
building as proposed with bay windoY
would prove q serious obstruction to tn
passage along said street and detriment t
the best interests of the city.
Mr.. Spruance on behalf of his client file
his answer which he also treated as an afIl
davit of Samuel II. Baynard, in which tn
defendant denied the allegations as set fortl
in the original bill. the atiidavits O
William F. Robinson, John W. Hawkins
James G. Pickles, Robert B. Mcdonnell
Edgar A. Finley, B. s. Clark w. B.Jefferis
James ]. Wyatt, Henry g. Porter and vii
liam II. Foulk, in which they affirmed tina
the proposed building would be an improve
ment to the city and that the bay window
would not prove Sn obstruction to the ire
passage OF the street but would afford mol
Mr.. Harrington then addressed the cou
and cited from many State laws, and he
that the defendent was, by building the DR.
posed bay windows, committing a nuisant
In the strictest acceptance OF the law al
asked that an injunction be granted.
Mr.. Spruance, counsel for Samuel I
Baynard argued that there could be nu
sance from the fact that the bay window
only extended out on Fifth street three fee
whereas the area way In front of Ever
Evening building line was four feet at
characterized the assertion OF the oppC
site counsel that the bay windows wel
anuisanee, when it was taken into consi
GRAFTON that by the arrangements the pa
sage way would be widened about three fe
more than at present. He was still speal
ing at l30 O'Clock. The Chancellor seen
in no hurry to adjourn.