The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-07-18
MUNCIE BELT CASE
LAKE ERIE & WESTERN RAILWAY
TRACKS TORN UP LAST SUNDAY.
Judge Baker Grants an Injunction
Against Midland Steel Company and
Others-Judge Stubs Returns.

Judge Baker, in chambers yesterday aft
ernoon. granted a restraining order TO the
Lake Erie & Western Railway Company,
which is to operate directly against the
Midland Steel Company, the Muncie Belt
Railway Company and the Muncie Pulp
Company. The injunction was applied for
by attorneys Miller, Winter & Elan, John
b. Cockrum and w. Z. Hackerdorn, who
represent the l.. L. & W. railway The
order restraining the defendants from in
terfering with the tracks of the Lake Erie
& Western develops out Of differences that
began to grow between the parties to the
suit some months ago. The application for
the restraining order shows that the Lake
Erie & Western railway is a corporation
engaged in the operation as the owner
thereof of the Fort Wayne, Cincinnati &
Louisville railway and has for more than
three years maintained and operated in ad-
dition to it's main track, near the city Of
Muncie, a side track, commonly known and
called it's Belt line. This track is shown
to pass from the main line into and around
various factories, mills and other indus
trial establishments adjacent to the city
of Muncie 1t is claimed that the side track
was built and maintained as a means for
the prompt transfer to and from the in
dustrial establishments of freight.
In 1892 1t is alleged that the Midland Steel
Company and the Muncie Pulp Company
prevailed on the complainant to build
large amount of side track connecting be-
tween the works and buildings Of the de-
PENDANTS. AS a result of the negotiations
the complainant constructed a line leading
from its long side track or Belt line into
and around the premises of the Midland
Steel Company and the Muncie pulp works.
1t is oontended by the railroad company
that it entered the defendants premises at
the solicitation of the latter, and that al
though it was assured that IL should have
the free use of the ground, the Midland
Steel Company asserts that the tracks are
maintained across it's right Of way solely
ening TO remove the railway company's
tracks from the premises and to build its
own tracks. 1t is alleged that the Midland
Steel Company and the Muncie Belt Rail-
way Company, its co-defendant, did, on
July Is, 1894 tear up and remove from the
premises, Seventy-three feet or side track
on the land of the Midland company and
now refuses to allow the railway company
to repair that part Of the switch torn up.
The tracks are claimed by the complainant
TO be very valuable, and ii Is contended that
their total destruction would entail loss
OF thousands Of dollars. The company be-
in a sum, but explains to the court that it
has no way of redress except through an
order enjoining the defendants from further
interference with the track. 1t is asked that
at the final hearing of the cause the injunc-
ton be made perpetual.
Judge Baker, In making the order, in
structed the defendants TO at once rebuild
the tracks as they were on July 10, and TO
refrain from further interference with the
property of the complainant. The case will
come up for hearing on Sept. Z.