The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1885-01-10

The Baltimore & Potomac Railroad cases,
in which they have been restrained from
prosecuting work in South Washington,
and over which the citizens are making a
hot fight, came on Tor hearing before
Justice Cox, in tho Equity Court, this
morning. There were four complainants-
William N. Dalton, Mrs. Dalton, John II.
French and jackson Yates-all residing on
Virginia avenue, and the charge was that
the company is exercising rights not
granted in its charter, making the homes
Of the complainants disagreeable and main-
tanning nuisance on the avenue by load
ing and unloading cars.
In connection with these causes the rail-
road company has one against the District
Of Columbia to eDjoin IL from interfering
with the company In extending its tracks
across Fourteenth street, which they claim
that their charter and subsequent acts of
Congress give them the right to do.
Messrs. Bell and Hine appeared for the
Daltons and Mr.. French, Mr.. Culver aud
7. j. BARLEY for Jackson Yates, Mr.. Riddle
for the District and Colonel Enoch Totten
for the railroad company.
The bill of tho Daltons and French was
first taken up and read also the afiidavits
of Patrick Mann, Elizabeth Strobel, James
T. Petty, Elizabeth A. Bishop and George
II. Tucker In support of the bill and set
ting out the annoyances to which they
were being subjected.
Colonel Totten, FOR the company, in an-
swering, denied that the defendant was
without license to construct additional
tracks on the avenue, aud read that portion
of the law creating the corporation, which
| gave the company tho right to lay as many
tracks as they might deem requisite for the
proper conduct and carrying on of It's bust.
ness. For about 8 years IL had been It's
habit to permit cars to stand on Virginia
avenue to accommodate merchants who
had goods to load or unload; that the ave-
nue. was 100 feet wide, and the tracks occu-
| pied about GO feet, which left large space
| in front of the premises complaining aud
room sufficient for the passing Of vehicles
| The blowing off Of steam in screeching
noises, profane language of employees and
indecent exposure by them is most posi-
lively denied. Also, that there is any uu-
loading Of cars at night. IL is further
claimed that If any injury has been sus-
tanned by the parties, they have a full aud
complete remedy at law that Mrs. Dalton
at the present time has two suits against
the company for damages pending on the
law side Of the court, and Mr.. French can
seek the same remedy.
Colonel Totten cited the laws under
which the company was created and OPP
Grated, and submitted diagram sho wing
| the location of tracks, depots and other
| property Of the company.
His answer also embraced the compauy's
| complaint against the District in interfer-
ing with the carrying of their tracks across
Fourteenth street, so that they can enter
square 233, where it Is proposed TO make a
| freight depot and car yard, and which has
been purchased for that purpose, and IL the
work was continued the District would
invoke the aid of the Police Force to pre-.
| vent it.
He alss said that there would be large
influx of people here on the occasion of
| the dedication Of the monument and To-
augural ceremonies, which would
make heavy demand on The company to
| provide and transport them, and it would
be great hardship on the road, at this
time, TO restrain the company In tho man
ner prayed. He also objected that Mrs.
Dalton's husband was not joined with her
in this bill.
DR.. Culver read the complaint in the
case Of jackson Yates, which was based
upon about the same ground as the pre-
vious one. This was supported by afiida-
Wits of George Il. Kirke aud five others.
Colonel Totten met this bunch of charges
with an answer denying that Mr.. Yates
property was or would be injured by the
laying Of the additional tracks, and as
sorting that the company was not stepping
beyond the bounds of law in the work IL
was doing.
Argument was heard on the first two
bills and the one of the company against
the District reserved for the last, and at the
close the judge reserved his decision.