Omaha daily bee., 1889-02-17
AMONG THE COURTS.
The Motor Company Gains a Victory
0of inheritance.

w httNtNOEtNtNCea
The motor company has gained a victory in
the courts. Yesterday morning Judge Doane
dissolved the temporary injunction obtained
against 1t by the city to restrain the Omahs
motor railway company, aud Thompson.
Houston electric light company from erect
ing overhead wires in the streets, by which
the motor cars are propelled.
Thu decision by Judge Doaue was quite
lengthy.
After reviewing the case, the arguments,
the occupation of streets with poles and
wires, the transmission of electricity through
the wires, the franchise, and an ordinance
regulating the construction and operation Of
street railways, the court held that the
motor people would be warranted in
using such appliances as had been demon.
strated to be of practical value at the date of
the passage OF the ordinance. IL they did
not interfere with the ordinary purposes IF
thoroughfares. AT that time, the overhead
wire was the only successful electric
motor system, Two other methods
which may eventually supplant all
other means were then being experimental
on, the conduit and storage battery. But,
from the testimony, those two systems are
still in the governmental stage. 1t would be
unreasonable TO inform the company, the
court thought, after IL expended 80 large an
amount of money and taken the franchise as
granted, with the overhead system as the
only known successful method, that il should
put IN a conduit system, necessitating
the taking up of Its tracks, and such
an utterancc would impose a hard
ship and an unreasonable requirement.
1t seemed to the court that when
}nS city ,b enters r9,o. upon 9na the iHirc abolish ns9,
occupying the street. it must adopt n general
policy, and give reasonable notice to all
such occupants to the end that other methods
OF conveying electricity may be rcsorted to
without disturbing the business interests of
Tho NDlnt ~ frppnppllNE u,l .f this 80 IN
these grounds the injunction was denied.
Judge Wakeley, read an opinion ia the case
of McCord, Brady x Go. against Jacob Wei,
ut al, an application for the appointment Of a
receiver. lie decided that the mortgages in
question are honest, were given for money
received, aud that in them there was no in
tent to defraud creditors. The right to pre-.
Ter certain creditors IS u~udisputcd. ut is,
however. to me- said has honor, IAN open
question whether in this state, a MORTGAGE
given under circumstances connected with
the execution of this one, is void or not
The application for a receiver was granted,
providing the defendants refuse TO secure
plaintiffs for the paymcn of their claim.
During court vacation Judge GroT heard
the arguments in Il suit for damages, touch
ing the big canal and great water power sys-
TEN at Aeainey. in which So, 900 Is involved.
He has HAD the matter under adviscmcnt
ever since, but is nov ready to give his de-
cision. In order to do so on Monday, he
will leave for kcarney tonight aud re-
turn home by Tuesday morning. Therefore
there will be no court Monday.
LinInger Il Mctcllf sued Mary r.. Over
lander for S5l.a6, alleged to be due on a
prOmlSSory note.
To-MoRiOw'S DOCKET.
T-3iS-Scymour VS. Nicholas.
2-35I-NichOlas vs. Scvmour.
3-l73-Follon vs. Kitchen.
3-?T5-Sothman vs. Pundt ct al.
3-29O-Lczy vs. Shivcrick.
3-299Wallen2 vs. Omaha,
3-3O6-O'Keefe VS. Bascomb.
3-3G5-Charvet VS. Union Steel and Nail
company. .i.
3-365-Goldsmith VS. City W~aterworks COM
pany. = d"
3-iG2--Jeffry & Co. VS. Steele & Co
3-3Ea-Svacina VS. SdmuucK & Co.