Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-01-10
THE RAILROAD WAR.
Three OF the Cases i'm the south Wash.
inZton Trouble UP ia the Equity
Court.

Ihis morning, In the Equity Court, Judge Cox.
the cases OF Dalton and French against the b. and
r. X K company, the b. aud r. X. X. company
against the District OF Columbia and Yates against
the d. and 2. Railroad company. were on the cal
endar.
In the case or the company against the District a
RUE 10 show cause is asked why defendant should
not De restrained from interfering with the company
III the exercise OF Its rights lay tracks under a-
thof1ty OF law The other for injunctions-
the HIST to.prevent the OF the tracks between
9th and 9TH streets, On Virginia avenue, for The
purposes OF unloading and loading cars in making
up trains, ''1Y to the damaging OF adjacent proIL
erty; and the second, restrain the LAYING OF adj
streets.
THE FIRST CASE
The case OF Dalton and French was first taken
up-MeSsrs. l. g. Iiinc and Fillmore Beall appear
Ing Tor plaintiffs MI Beall read the ball and the
amdav1ts OF Patrick Manu. Elizabeth Strobel Jas
l., l.; RELY, hzabeth A. Bishop and Geo. ii. Tucker
MI Enoch Totten, for the railroad company, read
Inc answer, denying that the defendant is without
license to construct additional tracks and assert
ing that 1t has the right to lay as many tracks s
are required for the proper conduct OF its business
tnaI lor about eight years the habit has been TO
Ieafe cars on virginia avenue between 9th and 1t
Streets, TOT the accommodation OF merchants that
Inc avenue is 100 feet wide, and the tracks occupy
oul on leet, leaving fully SO feet clear in front OF
t the premises; denying that there is unnecessary
blowing on OF steam or screening noise any dam
ger oy nre from the engines, or that there is any
OF the legislative assembly relied on is nun and
Sold. Inc answer also asserts that the plaintiffs
have full and adequate remedy at law.
and Mrs. Dalton has Instituted two such suits
ana Mr.. French has such remedy. MrTotten read
me acts incorporating the R. r. Co., and presented
ana property. The answer states that the saiIal..
west or 14th street purchased for the PURPOSES
oL IIeight yard, but they have been prevented by
Tue DlstrlCt commissioners from using this SQUARE
In view OF the fact that large numbers OF people
are expected here TO the dedication OF the Inonu-
ment ana the inauguration, 1t would be hardship
10 restrain the company at this time. The obie,.-
lion Is also made that the husband OF Mrs. Dalton
mas not joined with her in the bill
THE NEXT CASE.
The case Of Mr.. Yates against the company was
next taken up. DR.. c. P. Culver and Judge T. W.
BARLEY for the complainant Dr. Culver read the
OH with the afiidaVtS OF g. E. Kirk and presented
SIX other affidavitS
Mr.. Totten read the answer denying that the
property was at the confluence of 7th street Vir-
gina avenue and street, but 1t is at distance OF
200 feet from street. He admitted that the com
pany preparing to lay two additional tracks on
virginia avenue, between 9TH and 9Th Streets and
submits mat IL has the right to lay such tracks
iue answer uenleS that there viii be any injury TO
the property, but on the contrary there viii be a
dement,; that complainant has no more easement i'm
Inc properly than other property bolders In the
MI Culver proceeded to argue the case saying
not only We're the property Olders inconvenienced
ouC iIIe was endangered by horses being frightened
MI Beali Tor Dalton and French, said he an
swerir his case admitted the occupancy or virginia
avenue for unloading, and also asked to be allowed
to provide for the large number of people coming to
the inauguration.
MI rotten said that the only question In the
YateS case Is whether the tracks can be laid as
contemplated. The Court in General Term decided
tnen 10 enJoin the loading or unloading of
I Ira or using the street as a freight yard.
he submitted that Mrs Dalton, under the decision
in Ihe Hlltz case, cannot maintain the bil,and Mr.
french Ocught the property with the full knowl-
edge OF the Use OF the streets by the railroad COM
pany.
Judge Barley followed for Mr.. Yates, claiming
that Inc proposed location Of the track was un-
lawful. ~ MAJ
DECISION RESERVED.
The court reserved its decision as to these cases
The case OF the B. & P r. r. Co. agt the District
OF CoiuInola-rule to show cause why it should not
pe restrained from laying a track across I4th
street-was taken up. Mr.. F. Miller, for the Dis
trlct. said 1t would not be contended that there
was any law giving the railroad the right to Law
this track. 49,
When Mr.. Miller had concluded the hearing was
adjourned I'LL Monday ",>0