Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-05-24
THE STREET RAILROAD CASE.
Hearing Before the supreme Court at
Montpelier To-day on the Prayer for
an IniunctIon---The Defendant Conn
pRny's Answer.

pRny's Answer.
The hearing before the Judges of the su-
preme court on the bill of complaint of
upward of 40 abutting land owners along
the line of the proposed Brattleboro street
railroad, praying for an injunction against
the construction of the road, is in progress
at Montpelier today. The defendant com
pany's answer to this complaint cites the
fact that the company was duly organized
under its charter Jan. ID, 1898, when S12.-
900 of stock had been subscribed. and that
the subscription to its stock now amounts
to S3l, POO, all of which is collectable The
familiar facts in regard to the original APP
plcation for a route, its refusal bv the Sc
lectmen, the appeal to the railroad commits
sioners, their grant of a location, and the
grant by the selectmen and bail.ffs of an
extension of this route, after a hearing
held April ID, are also cited in detail. to-
gether with the further fact of the condi-
tions imposed by the selectmen and bailiffs
and the mutual acceptance of these condi-
tons May Z, in lieu of any statement or
specification under the law of 1894. 1t
also alleges that the complainants have
abandoned many of the claims originally
made in opposition to the enterprise, and
that their course has been inconsistent in
| several respects.
The essential contention of the defend
ants is upon the points that their charter
/ gives authority to construct a street rail
road and that the selectmen have no au-
thority to prohibit its construction: that
they are simply given power to fix the To-
cation under the law of 1894. The allega-
! ton is denied that no railroad was in exis-
tence in New England operated by cleo
/ tricity at the time the charter was granted
| On the contrary il is claimed that there
| were several such roads, and within a year
from that time more than 100; that the
charter was purposey drawn so as to permit
the use of any motive power and especially
that OF electricity, should it become availa-
bic. That the complainants have no
| grounds of objection on account of the use
! of electricity, it being cheaper cleaner.
more attractive, less noisy and less destruct-
i've TO the streets than the use of horse
power. That so far as the defendants
know, the streets of Brattleboro were taken
for and dedicated to the use of the public
as in other places, and that the proposed
road will not interfere with other travel.
either IN the business or residence portion,
and property along its line will be benefited
by 1t. 1t is denied that the complainants
are joint owners of any real estate in Brat
the streets, and the fact is cited that the
boundary line of several of them, as of Har-
rls, Goodhue, and Dowley, is the east side
OF the street, and not the centre. and that
in several cases the road is to be built on
the opposite side of the street from that
owned and occupied by the complaining
abutters. Ii is also denied that the com
plalnants have any individual rights in
the streets beyond that of the public in
general
The defendant company further denies
that in the careful and prudent manner in
which the road is to be built and operated
1t will constitute any additional burden up
on the land, and the land having been
legally taken and compensation made for
public uses, and the railroad being de-
signed for public use it is only an improved
method OF transportation, imposing no ad-
dltlonal seryltude for which the owner OF a
reverslon may claim compensation. In
denying the allegation that there is no call
for the construction of a road the facts are
cited that at the hearing before the rail-
road commissioners petition of 800 to 900
citizens was presented for its construction,
and that al the annual March meeting the
old board OF selectmen was defeated and a
new one elected on that issue While it is
true the answer says, that a few citizens
who do not need the road for their personal
use nave opposed its construction and
have gwen out in public that they would
use all lawful means to defeat ii, the great
majority of people favor its construction
and will so patronize il as to make it a
financial success-especially tina, large
class not able TO keep teams of their swu.
The further fact is set forth that a con
tract has been made for the construction
OF the road, the material has been bought
ana some OF It shipped, and great loss will
ensue II It's construction is restrained: that
In the belief of the defendants the com
plalnants knew that these contracts were
oelng made and should therefore have
Drought their bill before this late day /:
that when complete the capital stock will
pay for the road within $500. and the
company having entered into a contract
with the proper authorities to build il to
their satisfaction the compliments have no
Just cause TO ask for an injunction
Nhlle this hearing is technically before
Judge howell as chancellor. as stated last
week, Oy mutual agreement between the
chancellor and the counsel on both sides.
Inc Other judges will sit as advisers to the
chancellor so that the decision given will
represent the opinion of the full bench,
ana doubtless will be final, as there can be
no encouragement for either side TO pro
long the litigation in the hope of changing
the courts opinion thus given
III Is not known when decision NAV be
expected. If the case seems clear TO the
Judges and they are agreed in regard to it,
} the decision may be given at once. If diff
cult or obscure points arise, necessitating
study and mutual Amusement, it may be
held for some time.
The essential point to be arrived at is
whether the erection of trolley poles and
wires for the operation of an electric rail
road constitutes such an additional servi-
tude upon the streets as TO entitle the abut-
ting landowners 10 compensation for dam
ages. The general tendency of court de-
cisions has been that horse and electric
street railroads are simply improved
methods of transit and that they do not
constitute such additional servitude There
are, however, certain points in this case
which have never come before the Yer
mont courts, and they are of such import
ance that Judge Rowell wished the case to
be heard by the full bench in the manner
already stated
When Judge Tyler was at home on Sun
day and Monday he stated that he would
probably not sit in the case, as, being an
AUDITING landowner, it might be considered
advisable for him not TO do so.
Another Injunction Prayed For.
A second bill of complaint PRAYING for
an injunction against the Brattleboro Street
railroad company was formally served upon