Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-02
RIPPED UP THE ROAD.
The City Seeks to Restrain the Gen.,
tal Traction Co. From
USING PART OF CENTER AVENUE.
Allegations Made Which Are Denied BY
President Whitney.
WHAT PROPERTY OWNERS THINK OF 1T

A bill in equity was filed yesterday by the
city of Pittsburg against tho Central Trac-
tion Company to restrain them from laying
tracks on Center avenue. The bill recites
that the city was repaving the street, and
AYERS that the company has no rights on it,
having abandoned the portion of the prop
erty described in the bill. 1t is
further recited that after the let
tin- of the contract for grading, paw
ing and curbing, but before any work had
been done, the city gave notice, to the de-
PENDANTS of the intention to proceed with the
work, and requested that If the defendant
company proposed making use of highway
or any part of it, that the tracks should be
laid before the commencement of the paw
ing or ct least simultaneously; that the COM
pany not only declined to proceed with this
work but notified the officers of the city that
St did not intend the laying of its tracks on
the street.
The bill further recites that the company's
rights had been surrendered; that ope-third
OF the work had been finished; that the COM
1,any had commenced to lay tracks along
the street without the consent of the city;
that no contribution has been made by the
company or offered to the city for the use of
any part of the avenue and that
in order to lay the tracks they have waited
until the foundation has been solidly and
permanently made at the expense of the
city or of the private property holders along
the line of the avenue, and to complete the
work they will tear up all of the pavement
which has been laid
Moreland Strikes Straight Out.
Further that the city believes the work |
on the part of the defendant to be wilfully |
and wantonIy undertaken at this time |
without any regard whatever either to pub |
lie right or TO the rights and interests of the |
property holders and that by reason of its 4
action it misled the city and fraudulently |
concealed from the city its purposes or in
tention. The city believes the company has |
no legal right to make use of the highway
or any portion thereof in the manner and
for the purposes now intended. and that its
action is in violation of law and will work
great injury to the owners of property along
said line and to the public
The property owners are the ones who are
between the devil and the deep sea. One of
them said yesterday: This street has been
torn up for over year. The company laid
its tracks on Herron avenue when it was
paved. 1t was assessed for one-third the
cost and appealed to court. The case has
hung there for year. When the city COM
menced paving Center avenue the company
decided to wait until it was completed, |
then tear it up and lay their tracks,
thus avoiding the assessment for paving be-
tween the rails. Then they commenced to
lay tracks on the unimproved portion of the
street. All the time We were being prom
ised the electric road, but now If the city is
granted its injunction we will be knocked
out all around"
"The facts in the case,r said President
George l. Whitney, when acquainted with
the action of the city yesterday, 'are these:
''on the 18th of May E. NJ. Bigelow notified
me that if the Central Passenger Railway |
wanted to relay its tracks on Center avenue
we should proceed to do so forthwith, as the
street was being repaved by the
1 called a meeting of the direc- |
tory on the next day and a resolution was
passed authorizing me to contract for the
of the old track, which had been
~
prices from Booth & Finn for doing the
work, and requested them to relay the track
Is they repaved the street, in the same
manner as they had relaid the track on |
Heron avenue under precisely similar con-
litions.
He Was willing to Pay One-Third.
"a few days later Mr.. Bigelow and william
Finn called upon me. Bigelow said he
would not allow the track to be relaid at
hat time unless I stipulated to pay the cost !
II repaving-one-third 1 believe it was /
he street. 1 told him was not authorized y
o stipulate for the payment of anything to |
which the company was not lawfully bound | ,
nd that if it was ascertained the company [
vas liable 1t was perfectly responsible cor c
'oration and might be assessed as any other | S
property on it. Finn, then speaking for :
Sooth 6 Finn, said heywould decline TO re-
ay the track for US lest it might delay the 4
ssessment on the improvements and SO :
clay them in their payments. That was
bout the gist of the conversation that oc- 4
urred.
"On submitting the matter to the attorney !
Or the road we were advised to proceed and
et somebody else, not interfering with the | S
aying nor damaging the street in any way | \
hat could be avoided. We made contract | |
Id laid about a square of tracks from Soho b
treet east, being simply the replacing of the g
enioved tracks, and a construction of the r
DAD east on Center avenue This work has
'een going on for about ten DAYS. In reply
o the petition made before the court we
ava responded and agreed not to proceed
heard axtx Il | =
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MRs. MrNsInM,s Soothing Srr,,r, lie tlna hoe. | A