The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-05-09
VICTORY FOR THE CITY
That's Nhat Nr. Price Saws Justice
Green's Decision Is.
1T LOOKS VERY MUCH THAT NAY
Clause in the opinion Affirms Jus;
What the City Has Been Trying to
Show for Several Ycars-Con.
ference OF City Officials.

5. II. Price. the city's special a.tor-
ney in the West Market street matter
was yesterday called in conference by
Mayor Bailey and Street Commissioner
kinsley regarding the recent opinion of
Justice Green. which sustained the rul-
ing of the lower court In the damage
suit brought by the Providence and
Abingdon Turnpike company against
the city.
In 1888. as will be remembered by
those who are familiar with the case.
the city entered into q contract with
the Turnpike company to keep the
Wes. Market street portion of the road
in repair, IN consideration of the COM
pany agreeing to remove its toll gate
outside the city limits.
Everything went well under this con-
tract until about two years ago, when
the city. through lack OF funds. neg
lected 20 attend to the repairs of the
road. The company officially notified the
city of the condition of the road. and
OF the liability of the company to be
nulcted in damages in case of an acci-
dent, resulting from the faulty ccndi-
tion of the road. IT seems the city
through neglec. or inability to meet
the expense failed to make the repairs
and the company went ahead and did
the work Itself, suing the city for the
cost. \ verdict OF 5000 was awarded
but the city appealed the case at the
advice of S. B. Price, special attorney,
engaged by the city. because of City So
licitcr Torrey's desire to be excused from
defending the city, he having been the
attorney for the Turnpike people be-
fore being elected city solicitor, and
having won the case for them.
ACTION OF COMPANY.
The decision on the appeal sustaining
the award was handed down by Jus
tice Green. of the Supreme court, dur
ing the fore part of the week. The
Turnpike people Immediately served no.
tice on the city through the mayor,
street commissioner and chairmen of
the two branches of councils, that If
the street was not repaired within five
days the company would proceed to do
it and would again sue to collect the
cost of the repairs from the city.
The city will not proceed to repair
the street within five days, and what
is more the company will not repair 1t.
This was decided upon at yesterdays
conference. The city will repair the
street when it gets ready, and will pre-
vent by force, If necessary. any attempt
on the part of the Turnpike company
to do the repairing. The city now
claims exclusive ownership of West
Market street, and further claims that
the decision of Justice Green is q vic
tory for the city inasmuch as 1t af-
firms the contention which the city has
been making ever since the dispute be-
gan, that the ownership of the road, or
more exactly speaking. as much of 1t
as is within the city limits reverts to
the city
This is the clause froIo Justice Green's
decision which gives the city what 1t
has all along been looking for, full con.
troll of the street: "'rhe repair should
be done by the city, because after the
contract the subject of it was no long
! er Il private turnpike, but was eXclu-
sively city street. Hence in no as
pect of the case can we regard this
transaction as a mere engagement by
the city to keep in repair private
turnpike"
CAN MAKE IMPROVEMENTS.
This means that the city can now as
sess abutting property holders for per-
manent improvements such as grading.
sewering, paving, and the like, which
was not permissible as the case stood
before. The company cannot now put
toll gate within the city and as it's
turnpike has been shortened by a mile
it's tolls will have to be reduced outside
the city as the law allows them to
charge only as much per mile.
Inc turnpike people uo hot tdhe lHiS
view of the case. They want the street
repaired by the city right away and If
1t Is not done they propose to take some
! steps that will result in the road being
put in good condition.
The company also wants the amount
Of the verdict allowed by the jury be-
fore when the case was tried as well AS
the cost of improvements made on the
| road subsequent to the date of bringing
the suit. Everything considered 1t Is
extremely probable that the courts
have not yet heard the last of the ABB
ington turnpike difficulty.