The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1886-10-31
EDWARDS RAILROAD FIGHT

DEFEATING A RAILROADS. AT-
TEMPT 10 STEAL A STREET.
A Case With the New Jersey Central
Railroad of New Jersey That Es-
tablished q Great Public Principle.
William D. Edwards, the Democratic
candidate for State Senator, has had good
deal to do with railroad cases in the course
of his practice but it has always been on
the side of the people, and against the cor
porations. He has appeared in countless
suits for taxpayers whose property the
railroads have sought to take by condem-
nation. and has forced the companies into
paying reasonably fair price for the prop
erty they have wanted. One case however
in which he appeared was of even larger
importance than these. and in an important
legal contest. established the right of the
city to her highways. Communipaw avenue
had been laid out for public uses as
thoroughfare on the maps for over ZOO
years, and there is scarcely man in the
county who can now remember when il
was first opened for public use. The New
Jersey Central Railroad Company wanted
to run under it, and spanned it for the
travel over head with bridge. The bridge
was 6rst laid at grade but for some reason
or other they wanted it higher, and applied
to the Board of Works for permission to-
raise it. This was refused and then they
asked PERMISSION to put new bridge there.
This right was not denied them. They
went to work on the new structure and
made the most of their opportunity. They
dropped gang of men at the scene of
labor on Sunday morning, and by Sunday
evening had erected abutments for bridge
eighteen inches or two feet above grade.
They had selected Sunday for the work
because il was the day when they were less
liable to interference. The property own
ers viewed this approaching raise of the
grade, in defiance of law and the city au-
thorities. with alarm. 1t would make cess
pools of their lands lying near. They APP
piled to Edwards & Wallis, told their
story, and Mr.. Edwards left his bed at mid
night to consult the Chancellor. Papers
were drawn, and suit entered on behalf
of the Mayor and Aldermenof Jersey.City
to prevent the change of grade. A tempo
rary injunction restraining the company.
from going on with the work was granted :
but on argument the company was allowed
to go on with the work at its peril. TESTS
mony was taken thereafter from time to-
time, and finally the case was submitted to !
Vice Chancellor Van Fleet, by Mr.. Ed .
wards and John A. Blair, on behalf of the
taxpayers, ex.Chancellor Williamson APP
pearing for the railroad company. Vice
Chancellor Van Fleet, after considering
the case, decided that the change of grade
was in defiance of law, and the company
had to take down the structure they had
put up in the meanwhile, and rebuild it to
the established grade of the street.
The principles established in the interests
of the taxpayers by this notable suit were :
First.-That the grant under which the
railroad claimed authority to destroy a
public right should be strictly construed
against the company. and
Secondly.-That railroad corporation
having authority, when pubic necessity
requires TO change the grade of the streets
crossing its tracks, WILL NOT BE PER-
MITTED TO EXERCISE ITS POWER
IN THAT RESPECT, EXCEPT UPON
THE SAME TERMS THAT THE MU-
1OlE ALiG HIN w
STREETS ARE LOCATED MAY EX-
ERCISE LIKE POWER-THAT is,
ON THE PAYMENT OF DAMAGES
TO THOSE INJURED BY THE
CHANGE, and
Third.-That municipality having the
control and supervision of the public high
ways within its territorial limits may main
tain suit in equity to prevent any alteIa-
ton of the streets or injury to them, which
will deprive the public of their use.
1T is obvious at glance, said the Vice
Chancellor in his decision. reported in
Stewards Equity Reports. vol. IS. that
the change the defendants propose TO make
in the elevation OF their bridge, if carried
out, will, unless the grade of the street on
either side of the bridge is also changed,
render the avenue wholly useless as pub
lie highway, and operate as practical va
cation of it. A rise of three feet will utter
ly destroy the avenue as public highway.
\ No change can be made in the
grade without the consent in writing of the
owners of the majority of the property to
be assessed therefor, and upon payment 10
the owners of property injured thereby of
the damages they have sustained by such
change"
II was clean attempt by the railroad 10
steal public highway, and Mr.. Edwards
4 defeated IT,