Omaha daily bee., 1897-05-27
ONE DEPOT SUIT Is DISMISSED.
Judge Scott Heads on Contemplated d
In Federal


Attorney ]. H. Mcintosh appeared before
Judge Scott yesterday and asked that he
be allowed to dismiss the case of Kingman
& Co. against the city, wherein the defendant
sought to- restrain the city from closing the
alley in the rear of the Burlington's new
depot, without prejudice The pre-
sumption was that this move was
for the purpose of clearing the
ground for the commencement of an ac-
ton on the same grounds against the b. e.
NJ in the federal court The court took this
view of the matter, and an animated dis
cussion ensued between the court and the at
torney. The court refused to allow the case
to be dismissed without prejudice after it had
reached such an advanced stage, while the
attorney insisted on his right to such dis
miSsal.
To settle the matter, the Judge wrote out
an order and gave it to his baiiiff refusing
TO let Mr.. Mcintosh see it before II had been
hled The order re2ted the proceedings in
the case, including the filing OF the applice-
ton, the hearing OF the arguments and the
decision OF the court refusing the application
for an injunction and dismissing the case,
and ended with dismissing the case with
prejudice to another action involving the
matters disposed of as herein recited but
without prejudice to another action not in
volving the matter finally disposed of as
above indicated" !"
bringing of another action in any court,
based on the grounds urged in support Of
the application for an injunction.
The hearing of the second injunction suit
brought by Kingman & Company to restrain
the Burlington railroad from proceeding with
the construction of Its depot will come on
Friday morning OF this week before Judge
keysor. The case just disposed of was
brought against the city, the railroad COM
pany voluntarily assuming the defense. The
second suit, which was instituted on March
rs, is against the Chicago, Burlington &
Quincy railroad.
The plaintiff asks that the company be
restrained from digging the alley adjoining
its warehouse. 1t alleges that the railroad
company has so far graded away the prop
erty that its surface just north of the alley
is from six to eight feet below the surface OF
the alley. 1t maintains that II the present
plans are completed the usual means OF
carrying in and out goods will be destroyed
and the north end OF the warehouse made of
would be useless and the premises made
impossible by the vertical cut OF several feet
from the alley to Ninth street.
General Solicitor Manderson OF the B. G.
NJ yesterday stated that the purpose of
the suit was the same as that which had
just been disposed Of, namely: to compel
the railroad company to put In trackage
facilities crossing Ninth street above grade
This, General Manderson stated, was some
thing the company would never do.
Should the injunction be denied, II is
believed that the Burlington will then have
clear sailing, and no further interruptions
will be experienced. II the injunction
should be granted. General Henderson states
that the company will give up the idea of
having a $4,000 driveway leading on the
Tenth street viaduct. and will make ingress
and egress possible only via Ninth street.