Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-19

Tho supreme Court ~ New York n,
GbcciNgA-- IEnVOr GsrantSs SiCeOry.

The supreme Court af New York no
observation-disclosures GRANTS victory.
NEW YoEK, Dec. l3.,--The day OF wrath
has At last dnwned for the Give wire" of
the electric light companies. Tue general
term OF the supreme court handed down q
decision to-day reversing the order granted
by judge Andrews In the electric light case.
That order denied a motion restraining the
city authorities from Interfering with the
electric light companies' plants and over
head wires. There ara three opinions
written, one by Presiding Judge Van Brunt
and the others by Judges Brady and Barrett.
Judge Van Brunt says: 1.-THE plaintiffs
have been guilty OF Il willtul violation OF q
manifest duty In allowing these wires to
become dangerous. 1t Is idle to say that a
party maintaining nuisance which may at
any time deal death 10 inuoGent passers'by
can for an instant be entitled to the protoc-
ton OF he law In Its maintenance. II these
plaintiffs had boon without fault different
question might have been presented But IL
~ evident that they were guilty OF the
highest degree OF negligence"
Judge Brady says: THE location OF a
business extra hazardous In the public
streets, orr OF organization TO use elements
therein dangerous to lifa from their very
nature, can only be- Legal, II at all, when
they are 30 hardened rs to secure the public
safety, preliminary TO such uss. and It's
continuance by tie untiring aud indeed
ulfaillng vigilance OF tho person or Q m
porntlIn. II this cRnHoE be doae then a
nuisance Is created and exists, and not a
lawful enterprise. There should, Ia other
words, be no intervals of this safety when
life may ba sacrificed by the condition OF
some instrument or agency used Ia the
! husiEo3s. This may seem to be severe,
even harsh ruo; huo the duty to eecuCe the
public saIety-ths lives OF eitiaens--renuers
its enforcement Imperative"
The news OF tho decision reached Mayor
Gtsnt speedily. He said: This Is great
victory NoE those death.dealing Wires
! Will coma dowp. The people can rest
assured thut Mr.. Gllroy will 10 his daty
| phn commissioner OF public works aaid
| III | ntn permitted 10 order the imptop
| ely Insulated wlrea down they vii! come
! down n q hurry" Il a great victory for
| Mayo. Grant. ami he will be As meretess 70
tho ltghts as be was to the telegraph poles
| Notice was sent 10 all al ctfic light con-
| pauies wNOss wiret have been com claimed
OF as defective, informing them lhe cur.
! rents must be cut off before Il. N. to-mOr.
row, and that the faulty wires mnat be ra.
! moved, or tho department OF Pnhlc works
| will underteke the work with tbs force OF
the bureau Of itscumbrances,
The controversy betwesn the commits.
eioler OF public WORKS and the board oil
electrical control goes on IN a lively fashion
| MIR, Gllroy this morning called tae board n
| get OF liars ana the members OF the BOARD
| returned the compliment with emphasis
| Eich asserts that thu other ls responsible
for the death OF Peter Causen, at least in
| directly. No enc caros much now nbGn
| this si1D Issue, The interest ~ all centred
| In what the elaetrlc llaht people will 81
next. Tho situation seems to pOrteDd darl
streets for holiday shoppers. O course the
| merchants do not like this outlook.