Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-18
The Street Railroad Companies
Legal Battle.
! JUDICIAL BEcIsles roDaf.
The Two Companies Must Operate
on One Track.

/. \
The petitioners claimed that the
construction Of the railway tracks
, in close proximity to their property
was In the nature Of an obstruction.
had tendency to depre:iate the
value OF their property ami was not
apublic necessity.
His Honor sail that it appeared
from the evidence that plaintiffs
owned valuable residence property
on First Street, between First East
and A; aud the injunction asked fer
was to prevent the cars of the two
StreetRailroad COMPANIES occupying
more than one track within the
points mentioned. The evidence
also went to show.that the approach
10 such residences, as well as the
passage Of vehicles, had been inter-
fered with by the laying Of the two
tracks. 1t further appeared that
permission was given to. the two
companies to lay track and oper-
ate their cars along the centre Of
thestreet, but that the City. Railroad
had constructedi its track to the north
of the centre and the Rapid Transit
TO the south thereof, thus leaving q
space of some five or six feet only. Ii
likewise Appeared that the two tracks
passed from South Temple into n.
| First East, and that for a few rods
they occupied substantially the same
ground; and that alter entering
First East for n few rods the Rapid |
Transit switched &. one side, leav- |
ing a space between its west rail I,
and the east rail Of the other COM
pany. These facts might probably, |
to some extent, lie within his own
personal knowledge and observa.
ton. y. First East street was mar
row thoroughfare and the two tracks |
occupied n greater portion Of IL. In |
TACT, there was hardly room enough
for vehicles To pass each other |
without the wheels of one GO
ing into the gutter and those |
of the other upon the track. Unless |
great care was exercised when q car 1
sas passing in this vicinity a col
lisiOn would be inevitable. Evil
ience hal been given that tine cars
came down the grade on First |
Street ut a rapid rate. They were al
lowed 10 run at the rate Of twelve |
miles an hour; and II had been |
stated that the speed sometimes
reached fifteen miles. Beyond this,
at one point on which the TWO tracks
ran, they TOOK up some fifteen feet |
or more Of the street, and thereby |
occasloned great Inconvenience and |
obstruction to property holders and |
others. IL was not so safe either, as |
would otherwise be the case, for /
Oeople to leave their horses standing
for 4 short time against the side |
walk.
In a case against the Rapid Tran
sit Company already decided, in
which the question arose rs to /
Shether the city owned the fee in |
the street, or the property owners,
ne was Of opinion that the city had
the right to give n company like /
this the right 10 lay their tracks /
upon the street; that fee was, never
ttfeiess, in the city in trust for the 1
pubiie-not for the city to do just as
hey pleased with ito give IL away /
TO private persons, according rs IN
eiination might lead them. In the
management OF the streets they 4
were exercising n public trust, they
Dad duties to perform under their
laths in respect TO those streets, and
hey should see that they were kept
in reasonably good and decent con-
iition, not allowing distinctions TO
be placed upon them likely TO en-
LANCER human life or necessarily
iamsge property the owners of
which might have an easement
thereon. The authority Of the City
Council must he governed and
limited by reason and justice. This
rule had already been Land down by
rhe Supreme Court VI this Territory
lin case which his Honor
quo.edD, in Dillon and other TOOLS.
&C had been 50 determined by the
weight Of authority.
The question therefore now arose
should these defendants be re-
quiEe1 to occupy the came track, or,
II not practicable, should they not nj
east occupy the street as they dii |
for few rods in passing from South
r-mple Street, north upon Flint !
East
One Of the witnesses stated that il
was impossible for the defendants to
stop their cars, when the rails were
vet or frosty, coming down the First
Street grade. Ii seemed TO him TO be
dangerous, anyhow. 10 operate ears
down any grade without the driy-
er being able TO stop ut Will. II
what had been stated was the fact, 1t
appeared 10 him THAT the cars
should not run at all there. If in
csming down a steep grade, carry
Ing say $50 people packed closely
together las would sometimes hap
pen), the car could not be controlled
Sn-n going al rate Of twelve or
fifteen miles an hour. they should
not be allowed to run at all. The
.afety OF human life would demand
it; bat in this instance, ia the light
OF all the evidence, he did not be-
iieve such was the case.
In his opinion, enc trek could
IN all the work required On Firr
Street, the distance being only abou;
quarter OF mile from
First East to a. The corner
.urning on First Street north Of the
Eagle Gate his Honor particularly
referred TO ms being an exceedingly
daugt rcus spot, and expressed his
belief that sooner or later very seri-
Gus accidents would occur unless
the greatest care and caution were
exercised. The safety of human
life should be the first consideration
and then came the protection OF
private p.opeTty-unless taken by
compensation. IL seemed to him
that the present method Of using
this street was an unreasonable one
The purpose OF the two tracks occu-
Dying it was not 50 much for the
penefit OF the public irafic on that
quarter Of a mile as
toeuable pas engers to get beyond; as
the one car took one direction after
reaching A street, and the oth=r
took another.
It was undoubtedly true that,
running rs these cars did along
First Street, they deprecated the
value Of residential property there,
though, 1t might be. not TO such an
extent as one Of the Witnesses es-
timated. But any reasonable man
could see that t. have two ears
running as they did at present, and
taking up so much OF the street
tended to depreciate property. he
himself saw no necessity for these
two companies occupying the street
Is they now did; and a reasonable
time would be given them to come
t, al arrangement 70 run on one
and the same track. f,that We're
ut done, then an injunction would
IL l. a. ~ har Of