New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-18
u-RrES IN ELEVATED ROAD SUITS.
REPEAL OF THE LAW PROVIDING IoR THEM
ADVOC ATED EY WELIrKNoWN LA"fl4H
urroEE THE CoDF> COMMITTEE.


Allan, r.h 4 l-pccial-N highly iu,cv, ting hear
ING v,. 1,cn thi, afternoon upon Mr.. RYAN, bl re-
.,lins "a law which slipped through the lc-~in'F'
wear ago giving Ire Ncv Nori. Elc,a''d Railway COM
pany the pi,ilce. co. demanding jury tFIiI ln "I'
suits for damage, brought against II bN the abutuhE
properly owner, alyn. IT. line. The committee on
G,,ic, gave the hearing There appeared I'm support
~ M. mca,ur. Natllnicl G. Mopk. Of Albany; FL
vari H. Hibblld. 4 New Yora. and A--cm!lymlh Ryan
The elevated railway company Wa represent by
julien T. Davies. NJ. Hubbard submitted a largely
.i,ucd petition. -rucd by many distinguished lawyers
paving for the In,-agc Of the repeal bill Among the
firm, whose signature; upon TIL, petition were
Fvorr- Choatc Hcamau; william j. "aFnor rA
Judges DAY. Ottoman. Hall, Donohuc, Ditcnhoeler'
I,sacs Kon.. Calvin and AuoIN, 81 NV
York: Robertson, of Troy; aid Reynolds. OF
rrnnllyn. cA.Inl'cd states Di-tlct-AuOgncy Towns
end Of Troy; United states District Attorney Mi
clc!l Of New York, ext nitcd state, DStrcl-M
tofncy Cltlin and United state, Dl-tict Attorney John
son of BROOKLYN john T.. Parsons, Robert scwcll John
r. nuriill Robert PAYNE Eyc:cu T.. Wheeler. Lawrence
(;oihin: Oliu Riycs ~ MONTGOMERY, smith ~ Ptr.ins.
the firm T. which tndgo Cray OF the Court Of Appeal
formerly belonged; and Mc,,rs. Marshall u Jenny, OF
the Onoudaga bar, the firm to which Judge Iiuger be
l0ngcd when ut the bar.
Mr. Moal said that the present law wa, an outrage.
II practically shat oil the property owners alons the
line Of the elevated railroads New York from getting
any redress the damage their property had suffered
In consequence Of T." building OF the elevated roads
The old law gaze to judges the decision OF disputes
% q dauarr, between the pIOpcrt, owners aud the
elevated roads The law handed over the matter
TO "A Jury. There Away enc obstinate juror, and
thu, there were constant Engagements. Already
1000 cases against the elevated railway, had accnmn
lated in consequence Ot this failure Of justice. These
equity had AWAY been tried by Judges. and the
practice should be continued.
Mr. Ibbard said, in part The argument b"for2
bt- Ie.. pr,iN ttau
ctis-on OF the elect of Chapter 2o7 Of The Laws Of
-DI Oh the elevated road litigation In New York city.
desire to bring to the attention Of yolr committee the
general ov,rtu'nlng Of equity practice that the mis-
chlcvo, amendment section go of the code. passed
at the last legislature, Ina, produccd i, section go
now stands. either party In an equity suit can apply
at any time for an order directing all questions is
.u,, Of the damage, party may b. entitled 10 re-
c0ver or all que. ton, or issues ~ to the value OF
property. arising on the pI,Sdngs. t. BE- tried by
jury and the section make, II mandatory on the court
t. order all such question, or issue, 10 be tried by
lury Consider what wholesale and revolutionary
change in equity practice then made, with the OBJ
Icct finally admitted before your committee by Mr..
Davies II enabling an individual corporation in It's
private litigation to select the mode OF trial II deems
most advaut.l seou, for IT, interests
Let us take a few special Instances 10 show the
working, Of this law. An action IS brought by
partner agun. another for accounting. Hitherto
referee would have been appointed by the court. TO
take the state Of the partnership What does
section go nj present. force upon rs In such an
action. n question of the damages party may be
tilted 10 recover necessary question raised by the
pleadlngs: and 1t : mandatory the court ii
either party avas himself Of th, section order that
Issue to he pa. ed upon by jury. Imagine the con
fusion that would result from Jury attempting to
view partnership accounts extending over II long term
Of years And yet that Is what equity practice In New
York state has TO. If section go Of tho Code Of
Procedure Is allowed to remain rs it now stands.
LET uS take another illustration. judgment c'ed-
or, action brought to ,et aside certain convcynnccs
"a fraudulent. The answer alleges the payment Of,