Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-26
AN iNJUNCTIoN ASKED FOR.
To Prevent the Laying OF Temporal
Railroad Tracks ON Sixth Street.

Railroad Tracks ON sixth Street.
BILL FILED BY RESIDENTS AND pnorrRrr
OWNERS OK THAT STREET AGAINST TIE
WASHINGTON AND GEORGETOWN RAILROAD
coxPANY AND THE DISTRICT OF COLUMBIA.
This morning Messrs. W. A. Cook and Edwin
Sutherland, for themselves and other property
owners and residents along the line Of 9Th
street. fled bill against the Washington and
Georgetown railroad company, the District Of
Columbia and others to restrain the use and
occupancy Of 9Th street for railroad purposea
WHAT rs SET FORTH N THE BILL.
The bill states as follows: That the complain
ants are tax payers and residents on 9Th street
between d and streets northwest; that such
street is one Of the original streets Of the city,
laid out and used for upwards of fifty years as
street. the fee being in the United States,
and that they are all citizens Of the United
States and have the right to the free
use OF said street. They further set out
that the defendant company has at
no time been authorized by Congress
(Which alone can give authority to locate or
operate the railroad on 9th street either per-
does 1t possess any right to place rails on said
street and any such use would be an unau-
thorized nuisance and wholly illegal obstruc-
ton and wrongful use of said street.
That the District does not possess any right
or power over the streets which authorizes
them to permit the defendent company to use
the street for railroad purposes.
SUDDEN APPEARANCE OF THE TRACK LAYERS,
That notwithstanding said want of authority
and power in each and all of said defendants,
the complainants are informed and believe and
pOlv fafa
said defendants have entered into some con-
tract, arrangement, or plan, the exact terms
stipulations, and conditions of which are to the
complainants unknown, by which it is proposed
and intended to place on said 9Th street iron
rails for two tracks and to place, move. and
run passenger cars thereon, in both northerly
and southerly direction, both in the daytime
ana night, and that in the execution of said
unlawful proposes and without any right or au-
tnorlty the defendant, the Washington and
Georgetown railroad, with the unauthorized
conmvance, approval and sanction of the other
defendants, on the afternoon of the 25th of
september, 1859, suddenly appeared with a
large force OF employees and iron rails and Oh
structed said street Herewith and laid and put
down between Louisiana avenue and G street
northwest large number of said rails, so as to
create double line Of rails or two tracks: and
1t is the intention Of said defendants to extend
similar rails over and along other parts Of said
street.
THE STREET NOT WIDE ENOUGH FOR DOUBLE
TRACKS.
That the said 9Th street is peculiarly united
for use as is proposed for double tracks of said
railroads the said street from the curb line on
the west to the east being only 80 feet
inches in width, and of this width the pro-
posed double tracks Of the said Washington
railroad would or will occupy - feet and s
inches in or near the center, leaving only a
space OF II feet inch on the east of said street
and feet inches on the west. The width of
the cars Of the Washington and Georgetown
railroad is z feet inches and of ordinary car
rlages or conveyances, from hub to hub, 6 feet
inches, so that if the said defendants cars
should be placed and run on said street. as ia
proposed, 1t will be rendered useless for other
carriages and conveyances and if attempted
dangerous to the compliments and all others
emitted to the common use and enjoyment of
said street.
ALLEGED SLEEP DIsTURBERs.
That the said cars cannot be placed and run
on said street without producing vibrations.
conclusions, loud sounds from the motion of
the cars and striking of the rails-and other
wlse-and also from the crossing of the common
vehicles over the iron rails, all of which be-
cause Of the narrowness of said 9th street will
be carried into the buildings of the complaint
ants and all others along the line of said street
rendering them uncomfortable, largely incap,
able OF use and in the night time preventing
the rooms in front Of said houses from being
used as sleeping chambers and sleep disturbed
and often impossible, and in other respects the
proposed use of said street by the defendant.
the Washington and Georgetown railroad, would
De not only wholly unauthorized and without
any legal right, but a serious and continuous
pupnc nuisance as well as a special wrong, loss
and injury to the complainants.
INJURzNd THE ASPHALT.
That the said 9th street has been and is paved
with asphalt, and this was done at the cost of
the complainants and others and in part at the
cost OF the people Of the United States The
IRON rails already placed on said street has in
lured the said pavements by driving spikes
thereon, and the running of cars thereon and
the trampling and movement of horses thereon
would In short time break up and DESTROY
said asphalt and ruin the surfacing or pave
ment OF said street, and in the end impose new
and additional pecuniary burdens on the com
plainants and other tax payers and the people
of the United States for the repairs Of said
pavement or the construction Of new pave
ment.
That the defendants have contriyed. COM
bined and conspired to put down said rails and
to prepare said street for the use of said rail-
road without notice to your complainants or
any consultation with persons residing on and
along said street-and secretly as possible-so
that much, If not all, Of the work and wrong
and mischief might be rapidly done, and before
any one interested against the said work and
proceeding could be arrested by legal action
and the first notice and intimation the COM
plainants had of the purposes Of said defend
ant was BY the appearance of wagons on said
street and unloading Of q large number of
rails and the immediate placing Of the rails on
said street by large force of workmen.
BAD FOB PEDESTRIANS.
That the iron rails already placed on said
street are laid on the surface Of the asphalt or
pavement, and project above said surface seve-
raj inches. The projection renders walking on
said street or crossing it dangerous, and the
passing over the rails by carriages and wagons
is attended with loud and jarring sounds and
noise, and positively dangerous to such convey
ances, one or more accidents having already
occurred.
and complained Of already committed and pro-
posed to be committed as aforesaid are grave
will be for an unlimited period of time-will
be productive of irreparable injury to the COM
plainants, aud are such as cannot be prevented
or compensated by any proceeding or actions
at law; and the only adequate remedy of the
complainants is in equity and in this honorable
court
That the complainants, as heretofore
stated, are ignorant of the arrangements plans
or agreements Gf any existing between the
several defendants in relation to the use of said
street for said purposes. 1t is important that
these be disclosed in order to effect a proper
disposition of the case, and that all papers and
documents in relation to said matters be pre-