The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1883-05-23
40 Important Case.

v. Spencer and Or. u. \. Campbell
We. The Point Pleasant and Ohio
River Railroad Company, we're ar.
gued befor His Honor Judge Guth.
trie, sitting as a Chancellor, on the
the 7th instant These parties
epjoined the Point Pleasant and
Ohio River Railroad Company, and
now erecting the Railroad Bridge
across the Ohio river at this place,
from building or working on the
approaches TO said bridge, running
through Seventh street, in this
town, until the damages by reason
Of the bridge running along their
property sbutting on and along
said Seventh street, could be award
ed and paid.
Upon the writ being served work
was suspended by the Company,
until the further order Of the Court.
On the 9Th inst, the Bridge Com.
pany appeared by its Attorney aud
demurred To the Bills Of the Plant.
ifs, and the same was set down for
argument on that day. The
grounds Of the demurrer was, that
the Plaintiffs had not averred or
alleged in their bills that they own
cd tho property in fee to The centre
of the street abutting thereon
After very elaborate arguments
pro and con, the Court sustained
the demurrer, and the Plaintiffs
asked leave TO amend their Bills at
Bar, by inserting therein the aver.
nent as above mentioned, which
was granted and the Defendant not
appearing to the Bill as amended,
the Court intimated that upon that
state of facts, he would perpetuate
the injunction heretofore awarded
by him in vacation, but did not di.
rect any decree to be entered at
that time. On the 18th inst, Col.
c. N. l.amison, the Attorney for
the Railroad Bridge Company came
into Court, and asked leave to file
an answer to Compliments amend.
ed Bill, for a continuance Of the
cases, and q modification of the
injunction or restraining order.
The Colonel in support of this
motion made a very pointed and
succinct argument, citing the last
edition Of High on Injnnctions as
authority, and stating that if the
Court would SO modify the injunc.
ton as to permit them to go to
work along and upon said Seventh
street, that his Company would
give bond in any penalty the Court
might prescribe, to pay the persons
whose property abutted upon said
Seventh street any damages or com.
ponsation that might be awarded
them in the future. This PROPOSE
tion was satisfactory and the Court
directed the Attorneys on both
sides TO ge! together and prepare
decree in conformity Herewith.
On the 10Th instant tho Attor.
npys came into Court aud stated
that they could not agree upon the
conditions of the bond, and the
Court stated that he had no option
in the matter, but continued the
causes, which virtually perpetuates
the injunction.
We presume additional proof
will be taken during the summer
upon the amended Bill and ans.
werS, unless some compromise is
arrived at.
Work is now suspended upon the
approaches through Seventh street
and will continue suspended until
the matter lie finally adjudicated in
the Court, which meets in septem.
Der next. Whether the Company
can afford this delay is question
with them. We regret that any.
thing has interviewed to delay this
great work, and hope that both
sides will come together and AMIGA.
bly, arrange the whole matter with.
out further resort to the Courts.
Nodoubt the property along
this street are entitled to damage
because Of the obstruction to that
street by reason Of the building Of
this bridge. They are all faif and
upright citizens, and we are Ger.
tain the Bridge Company can eff.
feet a satisfactory compromise with
them, at q much less Gust Of time
and money, than they can by fight
ing them through the Courts.
The Attorneys for Plaintiffs we're
Messrs. Menager & Hogg, Tomlin.
son & Polsley and Simpson & How.
ard, and Col. c. n. Lamison for De.
FI.I.