The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-07-23
TAKEN INTO THE COURTS.
An Injunction to Stop Opening Ninth
Street Across the S., F. & ". Ry.

Maj. Schwarz Notifies the Road That
He Proposes to Extend the Street
Across It's Tracks-A Temporary In
junction Secured by the Railway
and the Case to Be Heard by Judge
Falligant This Week.
The Savannah, Florida and Western
railway has applied for an injunction in
the superior court against the extension
of Ninth street across its tracks. The de-
PENDANTS are Maj. John Schwarz and Mary
Schwarz. Judge Falligant has granted
temporary Injunction and the case will be
heard next Saturday.
The injunction grows out of the owner
ship and sale by Maj. Schwarz of part
of the Teynac property in the southern
part of the city and a guarantee to the
purchasers to open Ninth street, which
runs through the property, across the
Savannah Florida and Westerns right
of-way, and is the first legal proceedings
to open the streets in the southern ex-
tension across the railway.
HOW THE RAILROAD GOT IT.
The petition shows how, in 1868, the
Atlantic and Gulf railroad, by consOlida-
JiOn with the Savannah, Albany and
Gulf, came into possession of a part of
what is is known as lot No. Of the ley
nae farm lots for right-of-way purposes.
The Atlantic and Gulf railway owned
the land until 1877, when it went into the
hands of Col. John Screven and Samuel
Strang as receivers The road was in
the receivers hands until 1879, when the
land was sold with the road to the Savan-
nah, Florida and Western railway.
The petition goes on to show that ever
since the Savannah, Albany and Gulf OBJ
tanned the property it has been used for
railroad purposes. Four tracks are now
run through it, constituting part of the
Savannah, Florida and Western rail-
ways main line, and the opening of a
street across the tracks at grade or the
building of bridge 1t is claimed will OBJ
struct the business of the road, and the
safety of passengers and traffic will be
imperiled and the mails will be de-
layed.
DANGERS POINTED OUT.
There will be danger, too, it is claimed
of collision between vehicles crossing the
tracks and danger of injury to persons
crossing as well. The petition recites at
length the dangers and disadvantages
which the road believes will result from
the opening of the street across its
right-of-way
az bhC GlA4AC bhO Edl1LOdu UOuBub lu6
right of way all of the Teynac property
was owned by one person. 1t has since
been divided and has been sold to various
parties. The present owners propose to
sell building lots. Ninth street, fifty feet
wide, runs through the center of the
property, and has been laid out the entire
length of the tract on both sides of the
railway Maj Schwarz, who owns the
land, has notified the railway that he in
tends tn the sfrpat lite
tracks in fulfllment of his agreement to
the purchasers of the property. The in
junction is to prevent him from doing this
until the matter can finally be settled in
the courts.
AN IMPORTANT MATTER.
The opening of the streets south of An
derson street across the Savannah, Flor
ida and Western railway is an important
matter to property owners and residents in
that section and to the city and the
county as well. 1t has been urged before
the city council for a long time but moth
ing has ever been accomplished. Some
! time ago conference was held between
the city council committee on opening
streets and Vice President Erwin of the
Savannah, Florida and Western railway,
and verbal agreement was reached
whereby the city was to open five streets.
The agreement was to have been ratified
it was stated, by President Plant, but
nothing has since been heard of it, The
plan for the opening of some of the
streets across the track was so uusatis-
factory that many property owners pre-
ferred that the matter be delayed until
proper plan of crossing could be agreed
upon and carried into effect There is no
street now crossing the Savannah Flor
ida and Western railway south of Ander-
son street except Estill avenue.