New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-18
MANHATTAN'S LATEST JOB.
THE ELEVATED RAILROAD JURY LAW
LIGHTING PROPERTY OWNERS BY srArurE-ENp

FIGHTING PROPERTY OWNERS By sTATUTE-END-
LESS LITIGATION TIE CONSEQUENCE
Albany, JAN II (SpcclaD.-The Manhattan Railway
Company made great effort to secure the aid of tbe
last Legislature IN ling the claims OF property
owners for damages caused by the railroads
The methods o. those who were promoting this legis-
htlon secret, ad.oit and subtle. Whenever it
was practicable the interest of the elevated railroads
In the bills concealed. This was not possible IT.
the bin providing short statute of limitations (two
years) for claims against elevated railroads. But
only needed the public disclosure of tao impudent and
outrageous character Of the proposed statute insure
lis almost unanimous rejection By the Assembly But
w1ty another and. foy its purposes. much more in
nor.ant bill the Manhattan Railway Company was
fortunate. This was, In form, amendment to Sec
ton $40 Of the Code of Civil Procedure and upon its
face appeared to TIE unprofessional eye to BE-
innocent modification OF the piocedre In tng equity
causes.
In reality ii worked transformation OF the greatest
impyt in the method Of prosecuting legal remedies,
as LAWYERS throughout the State were quick 10 discover
after Governor Till hal allowed 1t to become law
without his signature, and when II was too late TO warn
the legislature its true character. Judge Barrett
nj the supreme Court. in constituting its provisions
few DAYS ago. commented with great force upon the
radical character Of this legislation, as Involving an
extraordinary and sweeping Change In the hcho1s Oh
irving causes This was by no means an exaggerated
statement II the construction which the Manhattan
Company is seeking 10 have the courts pu; upon
the amendment should be sustained This Amendment
provided substantially that whenever. in any acuoh
a question arose to the value Of property or us 10
the damages which party might he en'ldc' 10 re''''
either party might require the entry of order scn
ing such questions to a jury for determinations :"
such statute TO deprive equity counts of large part
OF the powers which they had always previously eA
ercised had ever before beon passed. II had formerly
In tho
vo,ild send to jury any question OF fact arising Ill
the of litigation, the deteFmhatioh Vi
which was preliminary TO the disposition OF
the main question of equitable leei' MI sum
discretionary power Is swept away by this amehaiheh
which was enacted for the sole benefit OF the elevated
railways, and which apparently Is not "'i'0n " any
one else in the state .
Its usefulness and incalculablc value 70 the Man
haitian Railway Cor pany is manifest TO any one WA
has followed the course of the elevated rdlWa! he'
ton and the strenuous and ceaseicSs ehof'S '"AS
nasterful corporation has mxe 10 delay. obtruct ana
dishearten property owners in the recovery OF u'e
damages which the courts many years ago heid they
were entitled 10 receive. Substantially All inc acho'
that have been brought by piOpc!ty-o"heiS nave
been on the equity Size of the court Tor lnJuhcuols
restraining the running Of trains unless the damages
which the court assessed upon the evidence were IH
All of the judges OF the supreme superior ana common
Pleas Courts In New York said 10 have become
so thoroughly familiar with the principles governing
this class Of suits that each OF them could Try any pu
the most important of these cases in single day' ana
some Of tie judges have been known TO try several III
that time 1t that rat, ard particularly WIN tc
aid Of the referees whom tie Judges wer' frequently
sending many Of these causes. the e.eVated r'r'ad
litigation promised t. be speedily closed up III u''
courts tho property owners 10 get ther oues' 4e
dcendants could not claim tat they were not faTiy
treated by because tie judgments awarded
were uniformly and almost invariably conservative ana
much below what the evidence wcIld warrant bu'
the companies not only determined 10 prevent
large judgments, but TO prevent the pEsltuis i'on
recovery at all by preventing as far as possoe tne
cases being brought TO TRIAL
The Manhattan Company had about exhausted us
other expediens OF obstruction when 1t succeeded IN
getting this amendment passed before the Trick was
discovered either by the majority OF the Legislature OF
the public. Nothing could have better sutel us iur
poses The result al once apparent In the courts
Knee u wen. into effect none those aad damage Gases
have been tried before judges. The counsel ior the
company have insisted upon their rGit 10 nave m
question of damage ltigated before Jury IN, tnc
counsel property owners and the lucges rale Una.
that means in each case tr;i hsHiig pcihape ~
weeks before Jury utterly nna , WIZ o ,, Tack
again the equity judge for nl TO pass up u IV
questions and give judgment Inc o pl"' SoTe to pe
oven over 10 the elevated railroad litigation 10 E.e
EXCLUSION OF a S S,ne wo have to be BY
their fate scendants. as anotner oGht h In
That is the happy situation In which the Mahla.HtI
RAILWAY Connanv would find itself If ii could sustain
IT, anandmtnt 10 IN. Code and it, construction ~
t. The Court OF Appeals viii soon be Gal,eu upon
10 cfvo such final construction. But whateNci, &c
eis,n tbe highest court may render. the erect OF ~
amendment cannot be other than uore %r rsm
cr,r.s and for other Nigapts than the elevated ra
nav companlss Accordingly, strong ehort Is 10 u
made on behalf of abuitas property owners anu hay
naher influential clients OF prominent lawyers - HaEo
Eis amendment repealed at IN present session % lne
legislature. The suone-t nAuenGes IhaI IL 10, a
control against such repeal VIII % uIousht ., va.
NV the Manhattan Company II Will BE on tte par
81 the company TREMENDOUS struggle, ,iliy
Kos en- much at stake. IL viii stand suDstaltHnN
sa aoe 80 against the people 1t said that 10 lave
- aDv oistinctiCn In the state not connected drccN
vi nS,rectiv with thc elevated railroads can be fOunu
Who do not condemn this amendment as Vicious ana
,acpated TO work great prejudice 70 nug S ~ ~
.onirv courts as well rcvOluunnnng JOY I".I'
Knit bad purpose the established procedure Of those
sonrts The vots Of members Of the Legis"..tuL.c
nan The repeal will be closely watched by their
Constituents and the public