The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-04-12
RAILWAYS ANSWER FILED.
II Is yolumlnous One and Denies All A.
Legations In Railroads. Bill.

willard Saulsbpry this morning ap.
peafed before Chahoellor Nicholson and
repfesenting the Wilmington City Rail.
way Company, tiled an answer In the in
JUNCTION bill OF the the p. W, & B. Rail.
way Company, opposing tho crossing at
grade Of the Railway Coinpany's cars at
Third street. The Answer say5;
In responding to paragrar b iof the said
Dill OF complaint the respondent admits
that the said complainant owns and oper.
ates railway as therein described cross.
ing Third and Fourth streets in the city OF
Wilmington, but denies that the business
or the proper operation of said railway
''necessltates" the use OF seven lines OF
railroad track and the occupation thereby
Of space OF 100 feet on Third street, or
oneoessitates' the use of eight lines OF
railroad track OF Its crossing on Fourth
street and Its occupation thereby OF
sSo feet on Fourth street, or that the bust.
ness and traffic OF the said company ne.
cessitates the passage of the number of
freight and passenger trains. or renders
necessary the local shifting OF cars and
traps over the said crossing to the extent
IN SAID paragraph stated, and the said re.
spondont further answering the said par
agraph AYERS that the said complainant
could readily operate Its lines Of rail way
10 a proper manner 10 accommodate Its
business, and properly perform Its duties,
by lessening the number Of trains CROSSING
the said streets, and the shifting CT cars
aud trains over said crossings, and the
number OF tracks thereon, II 1t so desired
ana could thereby cause much less incon-
venlenoe and delays to public and private
vehicles and pedestrians on the said streets
than that to which they are now subject.
ed, and the said respondent Is advised and
believes, and therefore ayers that the &C.
cupatlon and use of the space ON Third
and Fourth streets by said complainants
as alleged In Its said bill of complaint is
illegal and without lawful authority, and
that said complainant cannot nor should
1t be allowed to maintain any cause or
action without respect theerto in Court
OF Equity.
Succeeding sections say that the said re.
spondent is corporation created by and
existing under the laws of Delaware that
original charter is in no wise limited tho
motive power, except that 1t provided that
steam power should not be used to propel
the cars unless with the consent of City
Council; that 1t is not true the said re.
spondeDt has adopted electricity, to propel
cars without authority, but this resp0n.
deht arises that ~ express grant from the
Legislature and by express authority and
consent given by the municipal authorities
the city of Wilmington it has adopted and
Is using on us railways electricity as q
motive pewer; that tracks were laied in
south Wilmington and cars operated there
for time; that these had been no aband.
onment of that line; that the said respon.
dent does propose and intend and will I'M.
less restrained by the court, connect its
main system with the portion thereof,
which 1t had constructed iu South Will
mlngton by n line of tracks crossing the
said railroad tracks upon either Third or
Fourth Streets, or both; that wires
were strung across the tracks au Third
street, % feet above the tracks and we'll
that the said wires were cut
down, illegally, wantonly and recklessly;
hat such action was not the result OF
threat on the part Of the said respondent
but that all due courtesy had been exer-
,ised,
The answer was volumnous one and
lftor Its reading Chancellor Nicholson
postponed any further action until Friday