New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-23
FIGHTING FOR FARES.
THE THREE-CORNERED TRANSIT con-
TEST BEFORE JUSTICE SMITH.
ELEVATED AND SURFACE ROADS IN A SQUABBI.E
OVER CONEY ISLAND TRAFTIC-CTIARGES OF
BROKEN FAITH AND VIOLATED
AGREEMENTS


Argument was heard before Justice Smith in the
Supreme Court this morning on the application OF
the Brooklyn Elevated Railroad Company for an
injunction to restrain the Brooklyn Bath and West
End Railroad Company the Atlantic Avenue Rail-
road Company and the Nassau Electric Railroad
Company from charging hve-cent fare from
Thirty-sixth-st. 20 Concy Island and from passing
the Union Station. at Thirty -siXth-st ana fh'h-
ave-. without using ii a. a terminal
General Wingate. i'm behalf of the Brooklyn File
waited Railroad Company, sad that In 1898 the Gle
waited road. the West End road and the Prospect
Park and Coney Island road entered into an agree
menr whereby the elevated road was to run It's tracks
down to Thirty-s.xth-st, and the two steam ROADS
agreed TO build the Union Station there for the joint
use of the three roads. 1t also agreed between
the two surface roads that fares 10 Coney Island
should not he reduced by either road without the
consent OF the other In 1898 the Atlantlc-ave road
leased the West End road. and then. General Win
gate said there began to he trouble. The Atlantic
ave road wanted 10 carry passengers continuously
over its lines the ferries TO Coney Island W'h
out change of cars. and attempted 10 40 80 WIN
out entering the Union Station at all An action
was brought by the Prospect Park ROAD ior d" III
junction. and it was held that the Aiianuc-aVe'
road must live up to the contract made 10y tne "St
End road II was also held in another action tha'
the Atlantic-ave road could not reduce the rare
under the old contract.
In 1886 General Wingate said. the Nassau 'V''
leased the Atlantic ave. rodl, anu i"'''''
gan TO devise ? scheme to run cars TO 'oheY i'"i''
without carrying out the contrac; provHhS io' '''
terminal station and forh!iiing reduction 81 lal~
without the consent Of the Prospec' PARK ann
Island Railroad Company. In order I'D 40 .".'' 90,
Nassau company used the tracks OF tn' N'S' I.i'T
road to Coney Island. with the exception OF sil'
portion near the terminal station wheic ,rrH '"i
ont over tracks which they put doWn men, ne
charged avc-cent fare to the Island from any I"t
Of the line. 50 that passengcrs EctllnS ." .', 81.
from the elevated road at Thirty s.Nth-s were -
eliminated against. Genera W!ugate ci".W'l nv
tract made by the West End company, as hrI1 the
lease from the Atlantic Avenue company Sln'" thr
lyc-cent fare had been IN operation the elevated
road had lost thousands Of dollars. The first month
after il was started tho company ngurci Ia loss at
more than $500" , 81, ,.,...-.-
The application was opposed by James Churcn
on behaf OF the three defendants He said that The
Nassau company could not bo bound by me aSrc'.
ment entered INFO by the Vest End Company ana
tnat the agreement dii not prevent inc company
from usng another terminal Il il saw n. Tn Mas
San company announced that i would charge no
more than i've cents Tor rides over IT. lines. ana
was on this score that its charter was granted ana
legislation allowing II 10 use the streets In south
Brooklyn was secured.
Decision was reserved