Evening journal., 1898-06-17
COURT WAS DIVIDED.
Judges Lore and Grubb Grant
the Railway Application.
JUDGE sPRUANCE OPPOSED IT

TWO JUR1ES or INQUISITION RE
TURNED vERDICTS FOR THE
PLAINTIFFS THIS MORNING -NlU-
NICIPAL COURT CASE TO BE
HEARD THIS AFTERNOON.
In an argument before the Superior
Court yesterday afternoon, upon an ap-
plication for a writ of foreign attach
ment in the case Of Hannah Smith
VS.. Armour & Co., IL. IL. Ward repre-
sented the piaintiff and William S. Hill
les the defendant. The husband of the
plaintiff was fatally injured while en-
ployed at the Armour plant last Fall.
No decision was given, the court stat
ing that II would probably not be
given until September A similar APP
plication for a writ of foreign attach
ment was made for Elwood E. Cald-
well, who was injured at the time
Smith was killed.
A jury OF inqulsition in the case OF
Thomas Reardon VS.. John s. Gisendof-
fer gave the plaintiff a verdict for $40
Another jury, in the case Of DR.. J. Pau
Iukens VS.. the estate Of Jeremiah Nc.
Daniel, gave the plaintiff a verdict fci
$2S1.5O.
The court heard argument on th'
application of willard Salisbury, Jr.
for the appointment during term time
- a,.,. g., opd.au,t, rio,fa M
p way between certain places between
the city limits and the Pennsylvania
state line under the charter Of tn
q Front and Union Streets Railway Com
pany. granted in 1871 and amended Il
1891. Mr.. Salisbury represented tn
company, while William S. Hines,
Ernest Smith and Peter l.. Cooper, Jr
y represented the protesting propert
owners, who are Edwin p Williamson
William V. Bond, Josiah Bacon, The'
dore B. Stuab, c. III. Mason and M.
Mahoney's estate. Messrs Cooper an
Hhlles contended THAT they are not g
ing to build a new railway and thi
z they cannot extend a railway whiC
y does not exist, as it is now part OF q
Wilmington City Railway Compan
TO and even the extensions provided +
OF In the original charter and ameDdme
cd do not embrace Brandywine hundre
NJ the place where the properties Of d
en- remonstrants are situated. Several af
davlts wer presented in support Of b
a contention.
Iy- Mr.. Salisbury said that II it W
me necessary under the charter the co
ne fpany would build line from Frc
'ed and Union streets TO the city line.
I'm Mr. Hilles held that under prese
conditions it could not do so, as it h
ne not the corporation power.
M Mr.. Hilles said that If the compa
his had not the power to build the TO
or to make its extensions, 1t certain
had not the right TO take for it's o.
A. purposes private property which
could not use. Church street is
he ready occupied by the Wilmington G
&C. Railway Company, and it is the OF
IN street which the Front and Uni
re- streets road can use under its char
ex- and amendments to reach the north'
wv limits of the city. He said that
ted company had not the right to build
'he road.
on Chief Justice Lore and Judge GrJ
mn expressed the opinion Chat the stat
I'M made it mandatory upon the Super
ays Court to appoint the commission
or and that steps to prevent the condo
the nation Of the land must he taken
e. terwards and in the Court Of Ch
Gerry.
NA. Judge Spruance said that in his ol
ard ion the court had the right to de
ned mine whether or not the prelimin
tate things required to be done had B
into done. The application, he said,
nds indefinite. The court should kl
pied something about the route to
boundary line Of the city. lie did
think the company had brought il
in a position to ask the court to
80 point the commission.
Chief Justice Lore and Judge CT
% adhered to their opinion and the az
80 - cation was granted.
This afternoon the case Of 70
and Hartman VS.. the State of 1
ware, testing the legality Of the
ntcipal Court will be taken up.
Dany CITY COURT CASES.