Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-04-15
RAfLN4r do.,s nkrLr. p
Its answer 10 sbs r.. W. & Is. Railroad
- Tn. EIlsd.


Co Filled.
In the injunction case Of Tho Phila-
delphia, Wilmington & Baltimore Rail-
ROAD Co. We. the Wilmington City Rail
way Co, Willard Salisbury for the lat
tar company filed its answer Monday to
the bill Of complaint Chancellor John
r. Nicholson, at session OF court of
chancery Monday morning fixed Fridny
April 10th, for the hearing. Andrew
@. Gray was present 10 behalf OF the
j., w. Il b. Railroad Co., and Mr..
Salisbury for the city railway COM
pHny. The bill OF complaint was filed
March llth, and the injunction re-
struined the city railway company from
laying its tracks neross the railroad
tracks at Third street.
In Its answer the respondent denies
that the complaiuantB business or
proper operation OF the railroad
"necessitatss" the use OF seven lines of
railroad track and the occupation
thereby Of a space Of 100 feet On Third
street, or of eight lines at 1T crossing
on Fourth street, and its occupation
thereby of 235 feet on Fourth street.
The respondent alleges that the COM
plainant could readily operate it's lines
OF railway in proper manner to accom-
monate its business, and properly per-
form it's duties by greatly lessenipg
the number OF trains crossing the said
streets, and the shifting OF cars and
trains over the crossings, and the num-
Der OF tracks thereon, IL ii SO desired
and could thereby cause much legs in
convenience and delays to public and
private vehicles and pedestrians on the
said streets. than that TO which they
are now subjected; and the respondent
AYERS that the occupation ana use OF
the space on Third and Fourth stfeeta
ny complainant as alleged in ITS bill Of
complaint is illegal and without lawful
authority, ind that said complainant
cannot nor should Ii bs allowed to
maintain any cause or action with
respect thereto in a court OF equity.
Tbs respondent denies that 1t has
adopted electricity to propel its cars
without authority but declares that it
has done so by express grant from tho
Legislature and express authority and
consent given by tho municipal authori,
ties OF Wilmington. Ii tlenies any
abandonment of the tracks beyond
Third street briige, and declares that
~ awaited until recently the con
struetion OF eladuot or street bridge
at Third or Fourth strsats 10 enable 1t
to avoid If possible crossing the tracks
OF the complainant with many cars at
grade, on Third atreet; the operation Of
a continuous line was delayed by what
seemed to be a reasonable anticipation
that the complainant would construct
over the tracks suitable yiaduct as 1t
had been expressly authorized to do by
act OF the General Assembly.
The complainant is charged with
cutting tho city railway company's
trolley wires at the Third street cross.
ing and allowing the wires to remain
in a dangerous condition without
notice to the respondent. After repIac
ing the wires respondent notified com
plainant that any further action Of that
sUrt would result in the arrest and
prosecution CT the guilty parties, since
which time the wireH have been allowed
to remain aH strung,
The respondent alleges that whatever
hazard, il any, to tho public attends
tho use of Third or Fourth street, ia
due entirely TO conditions produced by
complainant itself, its seryanta. agents
aud employees. 1t denies that the
stretching ct the, trolley wires and the
laying OF the necessary ground wires
would he attended with any danger to
the employed Of the complainant. prop
erly and legally operating its trains,