The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-07-24
ELECTRIC CARS GO.
Judge Zane Refuses to Grant the
Injunction.
THE BURGLARS BEING EXAMINED.
The Evidence Not ell In-The Case Against
Flynn and AndersOn-A Big
Mining Suit.

ElWhen the Third district court opened
yesterday morning, there were quite d
number of spectators present, who were
anxious to hear the outcome of the suit for
an injunction brought by the Rocky Noun
tain Bell Telephone company against the
Salt +, AXE City Street Railway company, by
which it was sought to prevent the latter
from operating their electric lines on Ger
tain Sheets in this city. In delivering his
decisls5 yesterday morning, Judge Zane re-
viewed the rights and privileges granted by
the city to each of the corporations. In sub
stance the decision was as follows: SO far as
the municipal government can go, both the
telephone and the railway are properly on
the streets. Both have valuable proper
ties, and are operated for the use of the
public Ii is claimed that the current Of
electricity on the street car wire, being
greater than the current on the telephone
wire, interferes with the latter by Undue
ton, withOut-actual contact. The interior
ence is the noise caused by the railway
ears. But l am of the opinion from the
distance these wires are apart, the distance
they parallel each other, and the amount of
current carried on the street car wire, that
there will be no substantial interference
! think communication over the telephone
will not be interfered with to any apprecia
BILE degree. The evidence shows that
there is some liability of leakage
from the rails Of the street car system, I'M
less the current is properly grounded.
When the electricity escapes to the earth
from the metallic conductor, it can be felt
at great distance. 1t is an element that
those who operate it must care for. 1t
must be confined so as not to work damage
on another, just as one mans cattle are re-
strained from injuring another mans prop
erty. The party using electricity may
keep control of it by properly insulating the
road on which it travels If the street car
comp&y has ground connection near the
grOundings of the telephone company, the
latter will be the sufferer, as IL has the
weaker current. Whether, situated as
the ( lines will be, the telephone wires will
be Affected by leakage or contact, Is not
perfectly clear: there may be some inter
ference. But it seems from the evidence
that either party can prevent this By inSula-
ton The earth seems to be common
field for electricity, and in this matter the
question arises rs to who shall insulate his
conductor of this current, for his own bene-
lit and the benefit and convenience of the
public BY illustration: In some parts Of
the county, some people fence in their
stock; in others the fields are fenced
Assuming that he plaintiffs wire will be
affected. and either can insulate the qUes-
tion is which shall do ii. A person in all
. operations should use all practicable means
TO protect his own property Whether it
8 is the duty of the street car company or the
3 telephone company to insulatc, / deem 1t
unnecessary to decide at present, as there
Is so much uncertainty about the effects.
q When the road IS in operation, if it appears
that the street car company Injuries sub
stantially the telephone company, then
another application should be made. If it
: is practicable for one and not for the other
4 TO iusS late its wires, it would seem that the
one w. the practicable means should use
6them Is may be that the street car com
pany can insulate cheaper than the other,
and then it would seem that it should do it.
&If the difficulties arise We're as great as
some experts have testified, it would be
almost impracticable. But | do not think
tine practice will fully bear out their theory.
47Itis also urged by the telephone company
sfhat the street car wire will be dangerous
10 the employees and property of the
Former There is some evidence to support
s this view. l think there is no such
danger if the telephone company uses due
rare. / am disposed to think that the
current of the street car wire will not pro
luce injury. If, however, by the negli-
Sgence of either company the other is in
ured, the affected party can secure
damages. OF course the court will not
Grant an injunction unless it is shown by
f,he evidence that the injury sought to be
avoided is irreparable; therefore the in
Junction asked for in this case will not be
yranted If in the future there are
developments which justify the granting
,f an Injunction, the matter can be again
brought up, but the present motion will be
ienied.
OTHER BUSINESS.
Charles NJ. Ericsson VS.. John NJ. Ericsson;