Telegram-herald., 1889-09-21

IgEI DOyT LlKE dis STYLE OF ROAD
A Supplemental Petition Led - thS
tsAsashlD Bs4Ed-fhs la~s. kasAa-
axe aethsa ~ tsnsSruetien Oh
l'sctsd Io-spslllns as h Highway.


Junction against tAc Kent county com-
p@ny. restraining them from cOntnu-
ing tie worz 3l construction.
The petu.a sets Up she facts relative
10 the 81 ana tAe dissolution " the
0f ginal Injunction. and lAen continues
as ioliOHs
that .a3 order of dissolution was
nl44e ~ the forenoon 0t Iue slav. ~e9-
tember d. l,ss, that the defendants.
tle street railway company, I.uuels
and Donovan. by rs agents employees
and nOrkuen, cOnstTuug said decision
% ue lutquNOcAuly lu their favor and
as declaring that they had 1ts ln
said streets, immediately Wgnt 10 WoI n
upon Fulton st-tet with a sang oI meu
aut a small amount of material, Tor the
purpose Of eucumbcrug sad street and
taking possession oI the same, under
the preteuse that they were lawfully
engaged in the building OF a lawful
street railway under sasd ordinance.
Your petitioner SAYS that thc manner
OF construction OF said road WAS a. fol-
lows. They started on fultOn-st., At
Easiest. laying TWO tracks. tue inner ra l.
about % feet apart, sad tracks being 80
lad IN order, as said company by Is
agent openly akOWed, as 10 So con-
struct, spread over and occupy the
entire street, that the township or it,
officers could not, I they 20 desired,
get any other company 10 lay track
therein. The construction of SAID road
WIS not followed continuously. but
only IN spots and patches. there being
a quarter OF mile or more between
the different places where construction
was going on. The rails used IN the
construction of SAID road are second
hand, thoroughly worn and altogether
unit 10 lie pat down for the Use OF
railroad IN any highway. The ties
used IN tie construction OF said road
are merely thrown down on the top of
the ground, without beng imbedded,
with long distances between the same.
The iron rails are thrown down on top
OF the ties, and are spiked now and
then used 10 fasten them, but
the SAID rails are not securely
spiked or fastened. BY this means
OF construction, a sHperstructure nine
inches high is left on the surface of the
highway, rendering the same wholly
/ dangerous to vehicles, and making IL
impossible for teams to cross from one
7 sOlutely usurpng the entire OF said
I FultOn-st., for a distance of several
rods at the west end thereof where
there Is a double track, 1t being impOs-
| slble at this point OF the highway for
teams TO pass each other on said street,
tae same beng wholly obstructed and
blockadcd at tins point.
Your petit oner says, on information
and belief, that the sad defendants
and their agents engaged IN the con-
/ structlOn OF SAID road, openly asserted
and avowed that II was intentional on
/ their part so TO Obstruct the highway IN
order 10 prevent any other company
| getting rights IN and using TINS street.
Your petitioner shows that said work
is not IN accordance with the provisions
Of the ordinance, even II the same
were valid and still in force and sub
sistli z. that It is contrary 10 law and
right. tnat tlc same Is not beng per-
formed in good faith Tor the purpose
Of constructing 2 street railway, and
that only a small force of men, of
about dozen, are being employed;
that there = only a small amount OF
material ON hand, and at the present
rate with which the work has been 10
crossing since tae said OrQcr of di>sOiu-
ton, the whole line contemplated q,
granted 10y sad ordnance. would not
and could not bc completed and put IN
running order witMu SIX months, II
work continued ar the same rate on
every working day and without inter-
ference ct any iad weather whatever
aut considering the approaching winter
and thc weather u this climate, it
would be physical imuos~ b.hty for