New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-09
sHARP'S RAILROAD SCHEME
CONFIRMED BY THE GENERAL TERN.
JUSTICE DAVIS DrssrNrs--oosDrros IMPOSED r

JUSTICE DAVIS NEUTRALITY-SUSPICIOUS. IMPOSED nv
JUSTICES DANIELS AND BRADY.
The report of the Commissioners in favor of
allowing Jacob sharps Broadway Surface Ral!soas
Conn any to construct railroad In Broadway fro,
Fourteenth-st to the Battery was confirmed yestsr
by the General Term Of the Supreme Court Jusfles.
Daniels and Brady In this action while presidio
Justice Paris dissents Justice Daniels in DELIVERING
tho opinion Of the says that the fact that the
pany did not obtain the consent OF majority in
value OF the property-owners not controline
circumstance majority favored the building OF soma
railroad there nut differed to the kind OF road The
counsel opposing the road differed as to the questiou
whether additional accommodation would be secured IN
the public by constructing the road the Corporation
Counsel Insisting that this completely established
that the company should be compelled to pay largo
bonus to the city for the privilege The opinion hods
that the objection Inconvenience resulting to ner-
chants sustained the speedy taus,t Of
fire engines Will not be Bterfered with. tho ODee-
lion that and ice might be accumulated on the
street. security Tor that contingency should be made by
tue court condition vi confirmation. A cau1e road
wonld Interfere Will the AMI ples The Justice
thinks tue payment Ut er cent OF tue earnings
and $4,000 year sufficient. He holds that the COM
pahy must u keen the street Ia repair hetweea
the tracAs aud two feet on either sde and that must
remove the snow from the eDtfe street las
fallen. Tue confirmation should be conditional upon
TIE eOinpanys agreement 10 comply with tiese addl-
Onal directions IL should be obligated also 10 carry
passengers for from the Battery Central Park
of railroad from To Park place or yssy
ST., which the presiding Justice thinks less Oh
jectiODabe. wOud embrace tue or aer distance OF the
route undrr consideration and affect vast amount Of
property, including Numerous buildings erected great
expense and occupied by with
prlses OF vast extent and employing capital Of vast
AMOUNTS Below Nesey-st some or Tue owners are
for the constitution OF the road, and have expressed
themselves; aud there Is, therefore, difference OF
DiuiDn TO the practct biitg aud Consequences OF
railroad below that street" lie adds tat cable road
would interfere with the street more than horse rail-
chiss this company that its road will with
the Broadway aud seventh Avenue hoad
Justice Davis. In dissenting from tue decision OF the
court, says that it should be guided IN cases like this
only consideration OF the evidence bat
own convictions Of what the highest aud bost public
interests deDaud lie objects 10 the construction OF the
proposed road scheme Il devised by which the
benefits and injuries TO properly along the route
public large such 10 Justify the innlciion OF
Injuries a portion Of the public. He u cOnyiGeei
tnat below the City Hall the railroad will be derms al
TO property AMI serious public nuisance. The rars
he will bring little or no additional retail tIade
to that portion Of the street. but Likely en-
cumbrr the aud miure the trade ALREADY existing
The pe0 10 whose business Is in that vicinity reach their
places Of business AMI reiu home from item bS the
speeier and easier modes OF transit which now furnish
facilities with which the cars cannot compete 10
inject into that portion OF the city surface railroad
anng Broadway Is. think, TO do grave wrong mi nj
TO the prOpertywBers and the business interests
lZed. N the proposed road were turned UPON another
say Park place at Veseyst. the injury
aud objection would be far less serious; tut 20 push
through the iDcessat thrOng OF all sorts Of traffic that
crowds and blocks The street below yescyst, will do An
injury ntOleable to business aud property 20 he JUS
titled without their consent 0r compensation con-
seratOn for the ghIs Of the public at large he says
should prevent the confirmation Of the report bul II
Broadway IL 10 be given w for surface railroad eon
pauy he insists the franchise should be granted
only to the highest bidder