New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-25
AGAINST THE BRIDGE TRUSTEES
JUSTICE ANDREWS FoRBIDs SuRfACE
TROLLEY TRACKS AT THE NEW
YORK END-AN APPEAL TO
TAKEN
BE Taken


,,.,,oo Andrews Of the Supreme Court yester-
dav handed down a decision continuing tle "''
norary Injunction against proceeding WIN .'o
work of building n loop for trolIey-cars a' ~
New-York entrance Of the Brooklyn briosc
decision will prevent the building OF 'uo -, 80 A.,
road at the New-York end of the Bridge u''.'' .,o
suit for a permanent injunction Is argued IN inc
courts. .,,,.
In his opinIon Justice Andrews says firs''
there is n serious question In TINS case DO "
whether the erection and building OF the ioope VI
curved railway tracks at the promenade eh''""o7
is within the power Of the trustees ana ~ "ot u'
lawful and whether It does not constitute waste
or ,piury" Tho Justice then refers to the fact
that the Board of Experts recommended an ee-
waited loop terminal at this end OF the briuse' anu
strongly condemned the plan OF having the car
cross the entrance to the Bridge upon the s,Iee.
level This recommendation he says. WAS ho'
followed and the present plan would be serious
menace ia foot messengers. AS the contracts were
executed for elevated loop. the Justice IS oouo,
full whether the Bridge Trustees are Legally Jus'i-
fed In permitting any other kind to be built JUS
tice Andrews finally holds that the motion should
either be argued In the Appellate DIVISION OF 30 ~
trial.
1t f. understood that the Bridge Trustees will APP
peal at once from Justice Androwss decision. The
Appellate Division OF the Supreme Court Will give
precedence to of such pressing importance
IA this the lawyers representing the Bridge Trus-
expected to be heard week from tomorrow In
view OF the possibility OF nm adverse decision, Ber-
gen & Dikeman counsel to the trustees. have had
the papers for appeal ready for some time.
The formal decision to appeal made at n
meeting held late yesterday afternoon In the office
OF Clinton l.. Rossiter. president Of the Brooklyn
Heights Railroad Company There were pres
ent at this meeting President Rosslter. Albert l..
Johnson presiden, OF the Nassau system: Albert
l.. Lamb. counsel TO the Brooklyn city and New
town Company. william y. Dikeman. Of Bergen q
Dikeman; Samuel Il. Clark, counsel to the Mas
sau system and William +. Shcehan and Profess
sor Collins counsel to the Brooklyn Heights COM
pany Some OF the lawyers characterized the
decision ms absurd, and expressed great surprise
that Il had been made All expressed the belief
that the decision sure to be reversed
To a Tribune reporter President Johnson said
yesterday: This decision was unexpected. as we
were not looking for 1t. The only thing 1t can do
IS 10 delay us | am confident that we snail be
sustained Ultimately Judge Andrews says In MS
decision; IN seems to me that In matter so
seriously affecting the comfort and safety OF Glt-
bn - rec%e rrrhsr iudicai Consideration either
by trial court or Appellate DIVISION, before the
trustees are allowed 10 carry out the present con-
tract This would seem to Indicate that Judge
Andrews himself does not expect TO ne sustaneu
I do not think. however. that We shall De de,ayeu
more than TWO weeks. and that only on the Ne"-
York terminal We shall continue laying the
Timothy : Williams. secretary OF the Bridge
trustees said This decision Is unfortunate, NOT
only because IL has delayed us. but also because
II Will mean misfortune 10 the people WHO roc
every day between the two cities. throw, OUT tiie
suggestion that n this Injunction prevents the toads
getting over the Bridge promptly ana increases
give some attention to the subject OF recovering
damages from those who applied for the 'hjuhc-
ton -, ~, -r.,..oo, -,
one OF the members Of the Board or trustees OF
the bridge EXPRESSED the opinion to tribune re-,
norfcr Last night that Justice Andrews had bascd
his decision on "A serious MISUNDERSTANDING IL.
had confused TWO surface terminal plans, one o.
which extended the loops into Park Row, ana the
OF her the present plan. which places the uhchs
within the terminal building
The experts condemned loops that were sug
gested 10 run out into Park Row AZ street grade
said This trustee" They did not pass IN any way
on the proposition TO place tracks in the terminal
huifIing Al the promenade grade. az they never
condcmnlng the Park Row loop was that II would
obstruct trnfir' g. -, a., 49,,
a COPY OF the report originally made by tho
experts could not be found last night. but no one
could remember that tho experts had considered
plan similar that upon which work mas just
Il don't remember that the experts considered
any plan similar to the prS'ent one. SAID g. I.
Martin chief engineer OF the Bridge. There
could of course be defence or loops buiIt OUT
into PARK ROW I shall look their report to-
Tn. plan that ~ enjoincd consider Just as shtc
os any Arrangement We now have on the Bridge
n IL ton times rs safe Park Row IN when
there are four parallel tracks. The Park ROW carS
run without order. while the cars In the termlhai
,youiA no absolutely under control