Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-04-22
spauya / soepaisr.
Counsel Claims That the r., W. & u. n. Il.
co. owns the Land at Western Approsci
TO Third Street Bridge.

Counsel Claims That the ~, W. & u. n. r.
Co. owns the Land at Western Approzch
TO Third Street Bridge.
Argument on ths injunction prayed
for BY the p. w. & B. Railroad Co. to
prevent the wll,nington City Railway
Go. from laying the tracks across either
the Third or Fourth street crossings OF
the complainant in this city was begun
at the Court House Friday morning be-
fore Chancellor Nicholson.
H. II. Ward and Andrew @. Gray an.
peared for the r., W. g. b. railroau and
the city railway company was repre-
scented i,y Willard Salisbury.
The bill OF complaint was fret taken
up aud read by Mr., Gray and tho reply
to each section was made in turn ny
Mr.. Salisbury, reciting the troubles
the companies have had at tho Third
street crossing.
At the conclusion OF the reading Of
the complain, and the reply Mr.. Ward
read several afiidavits, one from James
F. Casperson, reciting the delay and
Inconvenience that woulu ensue should
ore OF the sloctrin cars become stalled
| on the tracks of the steam railway and
prevent the shifting Of cars at the
freight yard.
AlIidayits from A. N. Hates and W.
@. Spruance, Jr., eIeetricia1s, describ-
Ing numerous accidents which might
happen to cars which use electricity as
a motive powar were also read.
Then Mr.. Ward sprung surprise on
the opposition. He produced plot of
Third street at aud about the approach
| TO Third street bridge, and called the
| attention Of tho Chancellor to the fact
that the street railway company in it's
reply had stated that tbs city had
| given it permission to lay tracks on
| the western approach to Third street
bridge. Mr.. Ward stated that be bad
received letter in company with the
| plot he presented, which stated that
the ty did not own the land at the
western approach TO the bridge, but
that ii was the property OF the p., W..
IL u. Railroad Co., hau been leased to
! the city in 1868 for term OF 10 years,
| and again in 1873 for term OF 10 years
more. But in 1883 the city failed tl
! have the lease renewal aud was there.
fore, only occupying that property
| through the sufferancs Of the railroad
company, II the city had given the
| city railway company permission tt
lay tricks on that property he con.
tended. it had eSceeued its authority.
Mr. Salisbury replied that this
matter did not touch either OF thu
crossings involved in the injunction,
ard stated TINT he would look over rbt
claim of the railroad company in th,
matter und take any necessary actor
thereon.
He then read m affidavit from
Sunerintondent Charles L. iiutchin,
10 renuttal of the aitldavits of A. N
Hates and W. G. Spruance, Jr. Mr.
Salisbury had Is other afiidavits Il
read, but the hour for the noon rsces.
bad arrived and court took recess
until ?. 30 o'clock.
ThL entire afternoon session was &C
cnpied in hearing argument on the in
junction 10 restrain the Wilmington
City Railway Go. from laying its track
across those OF the p, W. & Il. Rail
road Co., at Third aud Fourth streets
When court opened on Saturday th
Security Trust and Safe Deposit Co
was appointed trustee on tho wills of B
Benjamin Jelferis and Parthena Chand
Ter. The remainder of the session wal
occupied in argument on the injunction
case until l o'clock when court took
recess until 2.30.
Argument in the case closed on Sat
urday afternoon.