Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-11-21
SUIT AGAINST THE CITY
CLAIMS The RIGHT TO STRING WIRES
when Thsy ere Properly Protected and
uAsks Thas the Cisy bs Enteissd
From Interfering with the Re-
pairinx and kspiaclag ~ Them.

Company nied petiuoo tot Al ihJunc-
ton against the city in the superior
court yesterday. The petition 10
result of the late order Of the council
10 have the wires removed from among
the hmbs Of Miss EmmA Rodgers shade
trees and tae obedience OF tie narshai
IN complying with the order.
The complainant states that the city
granted an ordinances. April "a. 1891. by
which the company 10 permitted TO
string wires, lay tracks and perform
other acts necessary to the main;en-
aRce and operation OF an electric rail-
way. The ordinance was afterward
accepted by the complainant. Its
system is sub-dlvided into routes
and Two OF its heaviest loaded
lines, numbers and 6, pass Miss
Rogers' place. The heavy service re-
CURED OF these lines cannot be success
fully handled by using the trolley wires
alone for conveying the circuit and
therefore feeder wire capable OF con-
veying . greater quantity OF current 10
absolutely necessary. IL - claimed
that by the term OF the ordinance the
company has the right to string this
feeder wire and that any interference
on the part Of the officials and any
order Of the common council that I'M
pairs their service or intsrferes with the
ordinance 10 unlawful, Invalid and
void.
The complaint states that the city by
its marshall acting under instruction OF
the council has deprived the company
of the use Of its property and impaired
irs rights without compensation or pro-
cem Of law, and asks that the city be
,enJolned from interfering with the re-
pairing ana replacing Of the severed
wires and demands compensation Tor
damage already sustained.
Accompanying the petition are afh-
davis from J. ". Hayward, superin-
tendent OF the Grand Rapids Electric
Light and Power company, and Jesse
Hathaway. Edward Il. Horner and
Augustus Hansen, all expert electricI-
ans, who state that the current has no
visible effect upon trees and that their
experience has been . thorough test OF
that theory. The company states that
its feeder wire 10 protected from con-
tact with the tree by triple insulation
and that an additional covering OF
wood and asphalt is used when pass
ing through shade trees.
A temporary restraining order was
granted and the hearing WAS set for
December 5.
CireuIs Court Casss.
Leopold kaufman. ct al. OF New
York, have begun suit IN the circuit
court against Jacob Lustig, of this city,
for s., 900 damages. The complainants
: hold accounts against LustIg amount
ing TO $l,07l.
simon Jelles, ct al, have begun suit
to enforce . lien for $l7S.2s against
Normanda l.. Stone.
John Dregge and Isaac NJ. Weston,
lumber dealers, have begun proceed
ings TO enforce lien for $685.. As against
Frederick Hirth.
In the assumpsit ease brought by
Thomas Ceunally against the Farmers
Mutual Insurance company TO collect
the face vslue of . policy. Judge
Adsit made an order yesterday extend
ing the time to fiie an understanding
till the first day of the next term of
court.
Spring 4 Co., of this city. replevined
. quantity Of goods from Benjamin A.
Fsn, Of Cedar Springs, because ]. +.
Ferris, the tea merchant OF tins city,
rad been gwen . chsuel mortgage for
$1,000. Ferris repieviDsd the goods
hack again and the difficulty 10 now
being settled before Judge Adsit in tie
circuit court
The chsncery case of Leon n. Peck
and Lillian l.. Virgins is still occupying
the attention. of Judge Grove In the cir.
cult court.
The case OF Martha NJ. Tompkius
against the city is stili holding the
hoarcs IN the superior court. and all
the members cf the common council of
Isss. by wnom the license TO the won-
derlsnd thester vas refused. are sub
poened ss Witnesses for the city.
Judge Grove has vacated the judg-
msnt N the repievin suit brought by
Frederick Il. Luce against Henry Col
we'll and ordsred written findings.
, Edwin 3. Wright aas started proceed
ings in the circuit court against w.
Walker for the collection of $500,
vhlch hs claims 10 be due fer goods
sold aud delivered.
Edward III. Van Ingen and Lavid r.
Hesdey, Of the city OF New York. have
begun suit in the circuit court against
III. Haas for the collection of s5iS.13-
The case Of VIII Burnett vs. Jarvis G.
Tram hss been appealed 20 the circuit
eeurt from Justice Hunters court 81
Lowell. The plaintiff vas given q
Judgment Of sI4s.
ida " Kuecttis has been granted q
desr-e ef divorce from her hnshahd
Charles .. Kuectsle, BY Judge Grove
On soe grounds Of nen-suppert and
dsoortson.