Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-11
IN FULL
Judge Greene'S Recent
Decision.
MATTER REMAINS IN sTArU QUO
UNTIL FINAL TRIAL.
ADAMS TO BE OPEN.
mo GRANDE MUST KEEP 1T IN RE
PAIR As A ROAD
WAY.
Trial of the Cnse On Its Merits
ADAMS TO BE OPEN.


cislon handed down by Judge Greene
In the case of the Lamar and Adams
street crossings. There has been some
misunderstanding as to the tenor and
scope of the decision. and the Gazette
publishes 1t complete to let the people
know exactly how the matter stands.
Now, at this time comes IN for
hearing the motion of def ndant,
the city of Fort Worth. to dissolve
the temporary Injunction heretofore
granted herein on the bill and ajiida-
Wit Of plaintiff, and the court. after
considering the same and the various
aiidavits filed by the parties. In sup
port OF, and against, said motion, Is
of the opinion that said defendants
motion Is not we'll taken, and the said
motion is hereby overruled. But the
said Defendant, in its answer Lciein
filed, and upon which said motion Is
predicated, having alleged, in the ma
ture OF a cross-bill, against plalntiff.
that the portion of said land which is
claimed by defendant city, lying be-
tween Adams and Vine streets. as II
part of the street system, and as be-
ing a continuation of said Vine, or
ADAMS streets. had been. at a time
anterior to the filing of plaintiffs bnl,
opened up as Il roadway and permitted
by said plaintiff to be used by the pub
lie, ana that said plaintiff, at that
time, made and constructed good and
safe crossing over its railway track at
the point where said Vine and Adams
streets lntersect the tract of land In
controversy. And further that since
the issuance of the interlocutory writ
of injunction herein, said plaintiff has
INSTRUCTED said crossing and threat
ems, further. to obstruct the same and
to close up said roadway and prayed
that plaintiff be enjoined from OBJ
structing said roadway and be COM
manded to put ana keep said crossing
In repair. And plaintiff having in its
pleadings, herein filed, admitted that
ever since II has owned said strip of
land. between Adams ard Vine streets,
as aforesaid. there has been n road
way covering portion of the said
strip of land; and there has been q
crossing over its tracks. In said strip,
and that II has permitted the public
to use said roadway as private way.
Ana 1t appearing to the court. upon the
hearing Of the matter, that there is
danger that plaintiff, unless restrained
by order of this court, Will, during the
tendency OF this cause, and before the
final hearing thereof, make such
changes in the condition of said strip
vi litlu last ulOitSd do VIII htSlIOy
the statu quo of said parties in rela-
ton to the matter here in controversy,
as the same existed upon the Issuance
of the writ of injunction herein in IA
vor of plaintiff.
ut Is therefore ordered by the court
that the clerk OF this court do issue
a writ of Injunction herein directed to
the plaintiff the Fort Worth and Rio
Grande Railway company, therein and
thereby commanding and enJoining said
plaintiff as follows. to-wit: That said
plaintiff ne and Is hereby commanded
TO have and keep open and unobstruct-
ed strip of land thirty feet in width
In a straight course between Adams
and Vine streets for road way, and
maintain the same In a reasonably
safe condition for travel thereon till
the final trial of this cause, and that
said plaintiff make. keep and mai' Snin
n good and proper crossing in width
as the same existed when first put
down. over Its tracks on said strip,
az aforesaid. until the final determine
ton of this suit. and that 1t permit and
allow the public the full free use of said
80 foot strip as a road way and of said
crossings.
"And said plaintiff is hereby enjoin-
ed until the final trial of this cause,
from and forbidden to change, alter or
obstruct said thirty foot strip In any
way. except IN so FAR as IL may be nee
essary to keen the same In proper re.
pair for public uses as road way.
And said plaintiff Is also hereby forbid.
den to otstruct said crossings by allow.
Ing their cars or engines to remain on
the same for any unreasonable length
of time or otherwise. This order Is NOT
TO be construed as in any wise passing
upon or determining the question of the
rights of the parties to this suit in tho
matter In controversy as set forth in
the pleadings. but Is intended simply
to preserve and maintain the statll
quo OF the strip of land in controversy
between the parties until the final trial
OF this cause"
It Will be seen from the above that
the Rio Grande Is to keep open and Il
enioined from obstructing the crossing
on Adams stree. The city stands on.
Joined from opening Lamar street until
the matter is adjudicated by the courts
An effort will be made by Messrs
Ball & Tempel, attorneys for the city
to have the case tried at the present
term of court, The present Injunction
restraining the city from opening In.
mar street Is n temporary one. II tho
trial by Jury goes against the city the
Injunction will become perpetual. II
tho city wins it will take possession Of
the streets.