The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-07

sor and assignee of the said Wichita
Electric Railway company, pretended to
operate and maintain a system OF cleo
| tric railways over and along Douglas
avenue, Main street, Thirteenth street,
! Fifteenth street, Topeka avenue, Fourth
! avenue Fairview avenue. Chicago ave
nue., Seneca street, and upon other
streets and avnues in the said city Of
| Wichita
That said defendant claims the right to
operate and maintain said lines Of cleo
! trio railways upon said streets and ave-
nues in said city under the rights, privi-
leges and franchises granted to the said
Wichita Electric Railway company as
provided in said ordinance No. S37 and
! the amendments thereto; that by the
terms and conditions contained in said
ordinance No. S37 the said Wichita Rail-
way company, its successors and assigns,
were required 10 keep and maintain in
/ good repair said railway and all vehicles,
! cars and coaches used thereon and also
to keep the tracks, poles, wires and all
! appurterances ullereuntO belonging in
/ good repair, and said company, its sue
cessors and assigns were also required
! by the terms of said ordinance to oper-
/ ate the cars Of said company for period
/ Of not less than sixteen hours during each
day, and TO run cars at intervals of f1f-
Iteen minutes or less in the main bust
ness part of the city, and to provide all
! cars that are run after sunset with
/ signal light at each end, which light
/ shall be 50 placed that it can be readily
seen at a distance of two blocks and that
ha1 oil h. Mt n
the cars propelled by electricity, and said
bells shall be rang continuously for one
hundred feet next preceding and before
reaching any street crossing to warn
people of the approach Of the car, and
that all passengers carried by said COM
Tapy or is Successors who are required
to pay fare and paying the same, sha
be carried from point to point with safe
" and reasonable dispatch, to the end
Of the line or to the end Of the regular
line Of the car on which the said pas
senger takes passage, and said passenger
shall be entitled to transfer on any other
car continuing in the same direction and
without delay on the part of said pas
senger; that it was provided in section
IS Of said ordinance No. S37 that the said
railway companies claiming the right to
operate and maintain a line Of railway
on the streets and avenues OF said city
OF Wichita were required to lay and keep
the track Of said railway on the grade
even with the surface of the streets and
avenues as they now are or as they may
be from time to time along which said
railways pass and shall be cons tructed in
such manner as not TO prevent the
crossing Of the streets by teams and
wagons at any point with perfect ease
and safety also that such railway and all
vehicles used thereon and all appurten-
ances thereto belonging shall be kept
and maintained in good repair by said
company, its successors and assigns, and
rolling stock used thereon shall De first
class in all respects.
That it was provided by the terms
and conditions contained in said ordinance
No 424, and which terms and conditions
were made a part of and included in
the terms and conditions contained in
said ordinance No. SS7; that the rails and
tracks Of said railway shah be kept in
constant good repair and said company
shall keep the space between the rails
and also the space of twelve inches on
the outside Of every rail we'll paved,
gravelled or macadamized TO the depth
Of six inches. and shall also keep said
space well paved, gravelled or macadam-
lied to the level Of the top of the rails
so that persons or vehicles crossing or
travelling over or along the said streets,
avenues or highways along which such
rails may be laid shall in no wise be
hindered or INSTRUCTED by said rails, and
that said railway and all the vehicles used
thereon and all appUrtenances thereto be-
longing shall be kept and maintained in
good repair by said company, and the
rolling stock used thereon shall be first
class in all respects; that it was further
provided in section 10 Of said ordinance
No, 424 that if at any time said railway
company shall fail TO comply with each
ard all Of the conditions of said ordin-
anee, that said ordinance should be null
and void and that said company should
forfeit all rights thereby granted or in
tended so TO be.
The plaintiff states that the said de-
PENDANT, the Wichita Electric Railway
and Light company, has for a long period
Of time prior TO the filing of this petition
and at the time of filing the same, wholly
failed to comply on its part with the
terms and conditions above set out and
required by It to be performed as the
successor and assignee of the said the
Wichita Electric Railway company, as
provided in said ordinance No. So, 49l
and 424 For a fuller and more complete
statement Of said terms and conditions
reference is hereby made to the copies OF
said ordinances attached hereto. marked
respectively Exhibits a, B. and c."
Plaintiff further states that the defend
ant has failed TO keep its tracks on a level
with the grade of the streets Of said city
but has permitted and allowed said
tracks to become in an uneven, broken
and dilapidated condition, rendering the
same dangerous and unsafe for persons
and vehicles crossing the same; that the
said defendant has failed to pave the !
space between the rails and on the sides
OF the same, as required in said ordin- |
ances: that a large part of the rails Of
its said tracks are disconnected and
loosely fitted to the ties. rendering said
tracks dangerous and unsafe for the run
ming OF cars over the same, and fire.
Quently causing said cars to leave the |
tracks. greatly delaying and hinderins /
the operation Of said cars
That the rolling stock used upon said !
lines Of railway by the said defendant IS /
diminished, worn OUT, dilapidated and
reduced &c five or six old. unsfshtly. /
rickety cars, which make irregular. un-