Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-08-04
ANOTHER BLACK EYE
Given in the Courts to the Pleasant
Valley ExtensioniSts.
JUDGE SLAGLE DEALS THIS BLOW.
He Discharges The Rule Made Some Time
Ago by Judge White.
ANEW WAY INTO BELLEyUEN0W NEEDED

The people who are fighting the right of
the Pleasant Valley Railway to extend its
tracks on Tsvlor avenue, Bellevue, Hugh NJ.
Bole and Attorney y. W. Shafer, gave the
railway company another black eye in court
yesterday. r. & A. Balph appeared for Bole,
and Slafcr for himself, and j. W. hlrker 1cr
TlIe would-be eNtensionfsts.
Taylcr avenue begins where California
avenue leaves of, anG was the route selected
for the extension of the electric road. 1t is
the bone of contention gnawed at a meeting
in Bellevue one night last week. The com
pany went upon the ground that it could so
aLcad aud settle with the owners subsc-
Cucntly, 3ut they held that it had no right to
doSnaaG 4 apolGgiGe afterward, ,preferring thai
stipulation should precede and not succeed.
HOW FIRST BLOOD WAS DRAWN.
The obiectors won first blood on February
2S last when Judge Stowe flied the following
opinion and made the appended order.
"lt nowhere appears i'll the record that
personal notice was gwen to persons direct
ly interested III the opening OF said avenue
III either OF the ordinance of 1873 or 1890,
upon which this proceeding is based. Nor
was personal notice given of the meeting OF
the viewers Ia assess the damages. This L
think is fatal defect unless exceptant has
estopped himself from setting it up in some
way. While it may be that personal notice
OF the view was not required under the act
OF 1876, think il clear without deciding that
AutSsiOlA liiaL II klOhlu appeaI lIpiu stluO
source that personal notice was given TO the
resident oMnarS of property before the re-
port of the viewers should ne confirmed.
The only question 81 the case in regard to
quashiug tie rspoct arises from the action
of this Court IN heretofore Gismisslng the
exceptions now filed. But rs tic report was
referred back to the viewers TO report to
tiiiE term without qualification, am led TO
understanG that the matter still stands open
fer ali exceptions which may be made to
the entire proceedings. ! am inclined to
think that notice required by the act OF 1851
saD&ld be given, both As to the ordinance
and view, bat however that may be, am of
opinion that personal notice of the Or6i-
nance at least should be given, as also of
any proposition 70 fix or regulate the roads
aad streets OF the borough to all persons tii-
Tectlv interested tGcrein. The report of
viewers in this case is, therefore, set aside
and CUashed. BY THE COURT"
WASHED HIS HANDS OF 1T.
Subsequently Mr.. Kirker secured a rule
from Jadge White for a rcargument, and it
Slasie. Judge Stowe didn't seem to be in a
very good humCr over the rule, and go wash
Ing his hands OF the whole business, turned
Il over 20 Judge Slagle and he, after a hear
iag, discharged the rule, thus leaving the
matter where Judge Stowe dumped it on
February Is.
As the extension of the road through
Bellevue is ardently desired by most people
gown there, the company VIII likely soon
fad some way to get in. but it will be re-
OuireG TO make some kind OF n deal with
owners of property wanted. The matter is
enc OF interest to most people in the vicinity
OF cities. Scarce day passes that the pipe
line people have not a fight with some irate
farmer, rs they are often disposed to go
through his farm first and arrange the mat
ter with him subsequently, and it is well to
hnve The law clearly laid down SO as to save
unnecessary litigation.