The sun., 1897-12-31
TIE NEW ROAD SCORES.
Wilmington and branl}winr
ReaN Wins First Blood.
THE iNJt'NCn0N AMENDED.
Prominent Lawyer says That Law
Can't Compel an imposSibiliIY
aud the N"W EuIl
j. Safe.

The Wilmington and HHndyWin,
Spring. Railway Company yc~tyrda,
gained first btood in their fight aglinS
nn array Of interpretations and in
diviluHl~.
The Wilmington and Elsm"rr RaItwn,
secured an injunction restraining The
former company from crossing thci
line.
Chancellor Nicholson yesterday 81
Dover, amended the restraining order.
as to permit III" hrandyWinr Nm'lg'
road /" operate their line by the U.o o
bob-tail cars.
The question is assuming Il very com
plicatcd aspect, and just how it aJ.t end
is u matter oi much njrrturr.
The nppo~crS Of IT," lilaodyWlnc
Springs road are themselves defeating the
object they wish to obtain.
4 prominent lawyer yesterday in
speaking OF the case said that thvr" is Il
common law which says that the law
cannot compel an inp"s>bII'y,
Tha, ii a court rcrtrans Il party
from doing that which he has
contracted to do in Il Ger
tain time, until that time is passed, or
rrstrains the party to such an extent
that the party is not able TO finish the
work until the contract time has passed,
then the party does not forfeit lls con
tract.
The Court, by its action, 'Id have
made the completion "t the contract an
impossibility.
This law applies to the case now pend
ing bctwccnthc Wilmington and Bran
dywinc Springs Railway Company and
its opponents.
Chancellor Nichals"n granted tw" IN
functions restraining the said company
from crossing certain raj way tracks,
and from laying tracks IN front "l
certain property. Not being able to
do this the BranIywinc Springs road
necessarily cannot complete their road
bv the first day Of January. Now that
they can 90 ahead with their work, the
company may still not be able I" com
pl,lr their road. Their charter says lat
the road shall be in operation by the
first day OF January, SN.,
This lawyer maintains that The charter
uutcr the present conditions would not
he dead if the road il not completed ny
the con,rac, time. That the ChantcII"'
bv issuing the iMjunctonS defeated IT,,
purpose OF the company III c"np''l lhI
the road.
The company may have the saln'
period ui time from the ilrS, OF january
as they lost by the action "f 'hAnrrli"
Nichols III in issuing the restraining
orders. .
ON TIE other land. if the charter l.
dead. if the Wilmington and i'rAlldN
wine Springs Railway Company '"'i'n
their charter, then the land winch 'h
company bought rryrrts t" rs l"rl''
owners and then WuuIdrh>'ir II nl@ ''1i'
fight. .,
then tear up the rails amt TIES, use tie
tirs for fence rails, and sell the 'l"i
rails for old iron. ii the company at
tempted ,o gain possession "I ''M 'l'
and rails the iOrm"r owners I" ~
urorprty having hrronlr owners r'h''
sur for trr>mr,jng. The "plnl"h q
this uroujurnt Iawycr that iii" N"an"\
wine Springs Company WI! not ''F'''
their charter, Oy not having lil'T I'i'
finished 10y saturday u -'l'I"'H "!''''
and i, i, LrlirNcI lhW the company "!
win out vet despite the tact That WI
minpton City Passenger Railroad '"" 9,
panv and certain individuals r"n'I''lr
bv that company are lighting 'h'm ,'''' ,
The conn pany hH~ u car at ''r'r"'"r'
to be run over he lin" which j. con
plc,cd from Brand d>winc to l!Snrr' an
Richard ". C."ok@ ray- that sr"''
panv will most arsnrc'IN operate '''r
line today. At least they ",
run Il ear over he 'Far'
Before Chancellor Nch" son yrSir
dav. William $. lille, and L'W'F 4
Vandcgrjit, represented 'hr EIAndyM H.
Springs road aud willard Sa,''s'Hry a.,
r. q. IIarlnan appeared inr the i"e''''
Company. The Chancr'l"r granted
leave for the Brandywinr Springs r''
to file supplementary hri@it. !,
This marks the beginning Of a D.
legal fight for the control "' the S'''
car traffic in this city.