New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-19
ROAD STATIONS.
OUT OF PLACE IN THE CROSS STREETS.
,uper vAN noEsEN says MAI raE one At onErN-

,,noY v.x uorsrN SAYS THAT TIE ONE AT GREEN
wicn AND WARREN SITS. MUST BIZ REMOVED.
Charles +. Mortlacc, a produce dealer doing
business at to southwest corner OF warren ana "e'o
vich sts. brought 0c'ion IN lseo against 'e No"-
yo~k Elevated and the Manhattan Railway Companies
Tor 50, 600 a. damages Co his property because ~ oh
s,ruc,on to gli aud ar AMI Tor an injunction como-
Inc them 10 remove such part ~ the elevated -iau" ~
was erected IN front OF h, premises ia Warren ST. Judge
Van ucescn IN the Court ct Common Pleas yesterday
gave his decision. enloiuur the c.iGpsuirs nm man
tanning She depot extending down Naroust he '"i ''e
westerly line Of Gre,uWi,b-st.
In reviewing ihc cse Judsc Van Uoc>on s'ls ihat ie
elevated station Stands entirety in Warren 'i' ann us
noor Is on level with TIE c,,ud-s;ol windows q Mr.
Mnrtgs property Tic structure In,rr''it' 'r .-.''
aud G. G store the ground ho'r can mo- oI ho ns''
for some of tie purpose 10 which 20 Was Applied ''-''
tbe station was lui.L TWO piers built INTO the vaii'
within the curhstone luc have also CnIn-i q i' '' a
able space for the and handling oi t''''. 4lV ]
states that there is DO definite conce-'i" '"' sac "
the property lay In the city. lie treats the ce' A' avs
as II Mir MoTtllse bad ouly the u-4t- q" o." '"''''-
owner II, tue act 1867, the o"u-tru' ION "' AN 'i
waited railroad Wa authorized aiont Bot" ,i'> "'
wiceh-st. to NiutE-tyc.. md along '"'h SOUS ~ '
aycuue or streets west oi H. 90 TIE huiDh il''.' Law
commissioners apI oiutcd ga carry out ihr H. | '''
boid. had no power 10 order the cou>I|r''i '' '''
ce i an. Of the cros,-,tlccts Interested } 'A' '"'
.we have become 80 accustomed To tn' et'.'"7 ' ''
elevated ~. iruads at tie corners e. t''-' '''-'
Van Uooseu tlat the mind, nom tie 'oi't '' i''' "
inclined 20 tale 81 granted ihat station '"a-' E''
be ON Garnet bi. thi, Dos DO means .o 0"''", ''.
been located "a corners pai,! because choose PAGES are
convenient and partly. -u-s,cct, b'c.n." t".F 30
scented an inviting field o. those Wo "i'-'i 20 '' "i
land without paying ios o.. thr 'sN "'"'"- i'''' g..
deutlv,lid not contemplate the use %. tIo -ier ''
MIR rosts fol the act psceis iofota l' t' '"''
company may rent purchase or acquire 'dc- ' '
rart OF buildings uay DE- pr the S'.n7 OF
depof. foT public access 10 lic iauW"l. ''''
may be erected ma lhc Nt'' ," ",,-u W, ~, 80.
IL laid IL al lrondbitF it l'' ~ .y' ' - .,.
lature that tie ucKct Offices oI the coinn'hN ""t'-
blllt tie highway. AS iar a. ln' '.' "'
cnncerci II doe. not oIuUoNc the defendants 10 pace
staircase build stations 100 or over th' -l'e> ID
in6Se Van TocsSn statc, nat no other act 90 which
MS attention has b-en called calges the powers OF '
conn auies in respect ~ deuos AMI columns ara ~ '
60 60, % ,ed Ch.wrr 5,5 a. the law, Of 20.
ton 4 provides that the location Of tue ht- OF i"'c
net suCcluca ly located hy law. ana me lo>o' az" '"
s1nction of the tracks side tracks, urnouts, sta-ous
and other structures which he company Is or nN ne
authorized To construct may be e'ch - Use 'i'"'
may adopt, AMI The commissioner HpIio'' I' rl
pany has adopted this station ana the cpninr ,.''i0
have approved II. But ~ the c'np'h, .'ti i' w
highwayl section OF tie act declares tI4t t.e "cl
shall not De 50 construed - % authorize lhr bAdnI ol
extension OF the road through along OF ui'n .ia
OF avenues except along hrrcnWi'h-sl Z" NIB" ''T'
Tie depo pan ~ the rairoad' n 50. tic hil ing ~
along or uuon anv eCccpt those naWcl Is WHOM
the authority OF law TGe depot theiG,rT wa" i
Ahu j. ~, ,1,t.,ss r,rcs ie Cont maintains th1f
he fails within class at sufferers whose injuries So
them an Vidual right tu the protection 81 ine '"Ai
.r Mortage has shown IA injury 10 ms business. ne
shond have Tor the loss OF hGt lie
is not guilty coBtributoTE negligence, he o'T' ne >'
am awning before his premises. AZ for tie hsnt oi
winch Mr. Mo1lase was deprived, the companies hal
asserted that IL was not direct but only reflected hGh
and "A sort Of scientific inquiry pur ued Ia show 81
what angles the rare Woud strike the walls o
thc plaintiffs bu3&nS attach but niue mi oit'h't
10 theories that character, Judge Van iiu'rh
adding An inquiry Ia the angles M wllrh lleit NM
IAN has no place IA yscin O administering tie a"
Tcrariiur III invasion ~ his vault Mr. Mo'ti-e h"nd
have sought prevent II at the time. Fnt h" Etea
would he his injury from the station couid IL 1r '',sI
Uocsen therefore concludes, should have th' reH"'
for and the structure Ell m Ndilfn-sl
shpnd he removed. judgment is accordingly Ordered Tor
Mr.. MOTlace. with costa.