The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-09-13
OBJECTS TO THE POLES.
MRs. CANNs INJUNCTION SUIT
AGAINST THE COAST LINE.

AGAINST THE COAST LINE.
She Claims the Grant to Run the
Road Through Her Lands Was Not
for an Electric Road-A Suit for
Damages TO be Entered-Capt. John
ston'e Position In the FiGht-Judgs
FalIigsnt to Hear the Case This
Morning.
The application Of Mrs. Anna s. Cam,
administrative Of the estate Of j. F. Cam,
for an injunction against the Coast Line
railroads operation by electricity through
her land was heard by Judge Fslligant in
the superior court yesterday morning, but
instead OF granting a temporary restrain
ing order. as Is usual in such cases, the judge
decided TO order an early hearing on the
question of a permanent injunction, and set
1t for this morning at 10 o'clock.
The allegations are that the grant allow
ing the Coast Line to operate through the
Cam property was tor horse or steam
power and not electricity, and that the
erection Of poles for this purpose was
without permission, and, in fact. contrary
20 instructions, which were given when IL
was announced that the road was to be
equipped with electricity. Mrs. Cam al
lsges that the poles are distractions aud
damage her property.
MR.. oANN's SIDE OF THE CASE.
George T. Cam, Esq, In speaking about
his mothers application for the injunction,
said that she was forced to take action.
She had objected TO putting the poles on
her land and, Mr.. Cam said Capt. Johnston
consulted his attorney as TO bis rights in the
matter and was told that be would not be
Al iv,a raNtipy fba pOlag hnt ba iiara-
garded the advice and had them put up
anyhow.
Mr.. Cam said that the spur track which
the company put on the land without any
permission damages it more than the poles.
and if Capt. Johnston would consent to re-
move the track the poles could remain. "Ws
were told" be said chat when the road was |
TO be equipped with electricity there would
be no necessity for the spur track and IL
would be removed, but now Capt. Johnston
refuses to take it up" He added that
suit for damages will be fled against the |
Coast Line.
CAPT. JoHNsToN's POSITION.
Capt. Johnston said, when approached |
with regard to the matter, that he did not |
care TO talk for publication, as he did not |
think il necessary for him 70 defend his case |
through the newspapers. The matter, he |
said, Is in the hands Of bis attorneys, SausBy
g. Saussy. He has left it 20 them en-
tirely, as the questions involved are Of law,
and not Of fact
Capt. Johnston said he thought Mr..
Cam. who is conducting the other side
Of the case, will find himself mistaken In
his claims. The right Of way of the Coast
Lane, be believes, is amply sufficient to
cover all work that has been done by 1t.
THE PROPOSITION TO MR.. CANN.
With regard to the spur track, which is
khaa- md Of vat ~
ston said he did not tell Mr.. Cam it would
be removed as soon as the line was equipped
with electricity. but he made him a propo-
sition that If he would discontinue
his suit until the road was
equipped with electricity he would |
make him a guarantee against any damage |
that might incur to the property by reason |
of the track aud would leave him free to |
pursue what course be liked with regard to |
it after that time. This proposition, Capt.
Johnston said, Mr.. Cam rejected aud |
all negotiations on the subject ceased.
J. r. Saussy, Esq, said be is engaged in
looking up the legal points Of the case The
grant of the right Of way through the prop
erty from the Cam estate to the Coast Line |
railroad expressly stated, he said, that the |
road was granted right Of way thirty feet |
wide through the property for the passage /
OF its engines. cars and horses used in the |
operation of the railroad and for all pur- |
poses pertaining thereto.
WITHIN THE RIGHT OF WAY.
Mr.. Saussy holds that so longas the poles |
OF the railway company are within this |
right Of way, no exceptions can be taken
thereto by the property owners, provided it
causes no injury to their property.
The operation of a railroad by electricity
as OF present conducted he said necessarily
involved the erection OF poles The grant
OF the right Of way did not specify that the
motive power should be restricted to steam
and horse power. Mr.. Saussy exhibited a
copy of the grant In evidence of what he
said. He did not think a single property
owner could interrupt the operation of a
continuous line of railway when the means
used in operating the line were not held TO
be OF damage by tbs other property holders
along the route.
ROUTE OF THE ROAD.
The route of the Coast Line from the Boil
ton street depot is almost a direct continu-
alton Of Bolton street. Quite a village has
been built up along the line but the street
has never been opened.
Some attempt was made to open 10 by the
city several years ago without success The
Bolton street sewer, however, runs down
this street, which ia practically open for
some distance aud is Of value in draining the
property.
From the development now going on in
this part Of the city il will evidently be
necessary TO open Bolton street east from
the Savannah, Florida aud Western rail-
way shortly.
AFTER T7H HHAYTE5 DEP A RTNENT