The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-27

surface or underneath the surface thereof
until a permit so 10 DO Is obtained from the
Board Of Public Works OF the city OF In,
city are the following: Cornell avenue. Ninth
street, Greenwood street, Fifteenth street,
Forest avenue. Alger street. Twenty-second
Beliefontaine street. all OF which streets
have been graded, improved and paved, and
such. grading, Improvement and pavement
has been paid for by. the said city OF indian
apolis. the plaintiff herein, and by the own
ers OF the property abutting upon said parts
of said streets; that none OF the lines OF
the Citizens Street-railroad Company. in
said city are located upon the parts or SAID
streets in the notice hereinafter referred 70
and made a part OF this complaint and
marked Exhibit A. that none of the tracks
Of said company enter upon any OF SAID
streets as mentioned In said notice, and no
permission of any kind whatsoever has ever
been given by said Board OF Public works
Of the city of indianapolis. Ind, the plaintin
herein. TO the said Citizens Street-raiiroa
Company or to any or either OF said de-
PENDANTS TO enter upon or dig into any or
said streets, or into any OF the payements
or improvements upon the same. or to re,
streets or parts OF SAID streets; and said de-
PENDANTS. nor any Of them, have any right
whatever TO enter upon, dig into or remove
any material from any part of said streets;
but that. notwithstanding no permission mas
been given by said board TO said defendant
or any OF them TO enter upon any CT said
streets or dig into any of said streets or re-
move material therefrom, as aforesaid, SAID
defendants aforesaid are about to, and nave
entered upon, and are digging into SAID
streets above mentioned without any right
whatsoever, and without having obtained
any permission from the Board or Fupuc
Works of the city Of Indianapolis, and VIII.
unless restrained from so doing by this court,
continue to dig into and greatly damage ana
injure the said streets and the pavements
and improvements thereof. as shown by the
notice given Of said iDtention by SAID oe-
PENDANTS and by said defendant: the Ciu-
zens' Street-railroad Company. addressed 70
the clerk Of the city OF indianapolis and the
Board OF Public Works of said city, Wnicn
notice Is marked Exhibit A made a part
hereof and attached hereto; that unless sd AZ,
this court from doing so said defendants VIII
continue to enter upon, dig into, remove
material therefrom. and viii thereby greatly
the plaintiff, the city of indianapolis. and
the citizens of this city owning property
bordering upon said parts or said streets
great damage ard irreparable loss and IN
jury. -. a.
PENDANT. the Citizens Street-railrcad Com
pany, Is without any and al. rights upon
said streets as mentioned herein, or any OF
them. -
notice of the hearing Of this application for
a restraining order for the reason that ne-
fore notice REQUIRED could be given SAIL de-
teriai from and irreparably damaged the
streets herein mentioned as aforesaid.
Wherefore p,ainttf. prays that an I'M
mediate restraining order be issued, penuine
the hearing of this application. prohibiting
the defendants and each of them from con-
tinuing to enter upon. digging into ana re-
moving material from the streets nereln
named: and upon inal hearing OF this ap-
plicaticn that said injunction against the
said defendants. and each of them, be r1ade
neruanent. and for all other proper relief