The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-30

Possession Of the Poplar street cross
ing has again changed hands.
On motion of Jessup & Jessup, the
Delaware and Hudson company's at
torneys, Judge Edwards yesterday
granted an injunction restraining the
city from interfering with the COM
pany in maintaining it's fence on the
easterly side of the tracks, shutting
in the crossing. and from preventing
the company from tearing up the
planking which the city has laid over
the tracks at the crossing.
City Solicitor Vosburg vigorously op-
posed the motion, but Judge Edwards
said that under the statement of the
company, as contained in it's afiidavits,
he could not refuse the preliminary in
junction.
The company's statement goes on to
relate that prior to 1858 the Lackawan.
ma Iron and Coal company owned the
land in which Popular street is now
comprised, and that Poplar street was
duly plotted on it's maps.
The Lackawanna Iron and Coal COM
pany also owned the Joshua Griffin
tract extending along the Lackawanna
river and easterly to the town plot
before mentioned, which contained
Poplar street. An extension of Poplar
street was plotted on the maps of this
latter tract.
In 1866 the Howard Coal and Iron
company commenced the construction
of a railroad from it's mines, near Mill
Creek, to connect with the Northern
Coal and Iron companys road in
Scranton, and laid out the same over
the Joshua Griffin tract. The Howard
Coal and Iron company was merged
into the Northern Coal ana Iron COM
pany July 2S, 1871.
COULD NOT BE OPENED.
Where the lines of the said railroad
are constructed over the Joshua Griffin
tract, over the point which in 1856
was plotted as Poplar street. the
ground was low and swampy, recurring
ten to twelve feet of filing. POPLAR
street was never opened and never
could be opened owing to this embank-
ment.
No deed for Poplar street was ever
given to the city of Scranton, while,
on the other hand, the LackawannaI
Iron and Coal company, on April J,
1870, conveyed, in fee, to the Northern
Coal and Iron company, all it's right,
title and interest in and to the land
where the plotting of Poplar street
crosses the railroad.
More than twenty-onc years elaps Il
between the time the street was plotted
and the time the railroad company
acquired title. in fee to the land it
occupied on the Gritiln tract, includ-
ing the area plotted as a crossing.
The tearing down of the fence ana
laying of a plank crossing, the tearing
up of the crossing and reconstruction
of the fence, are all rcliSed in detail
and then the plaintiff goes on to say
that on the morning of November Is,
1t was agreed between the city and
the company that nothing should he
done in the matter until the following
Monday November 20, but in violation
of this agreement, the mayor sent the
street commissioner and q gang of men
on Saturday afternoon to tear down
the fence and relay the crossing, and
the same was done against forceful ops
position of the company. The city still
maintains a force of policemen at the
crossing to prevent the company from
removing the planking and Ic-erecting
the fence.
THE OBJECTIONS RAISED.
Further, it is alleged, that the cross
ing was never opened by ordinance;
that the permission of the company
was not secured or any steps taken
to reimburse it for damages; that
there are now eight grade crossings
over the companys tracks in Scranton:
that Poplar street has no westerly
terminus other than the Lackawanna
river and that there is no one beyond
the track to make use of the crossing
except the Scranton Bolt and Nut
company.
Aftidavits in support of these state
ments We're presented by John G. Ross,
section foreman: c. S. Weston. presi-
dent OF the Northern Coal and Iron
company; w. II. Jessup, of counsel
for the company, and Charles c. Cow
ELL one Of the cOmpany's construction
gang.
The city's main contention is that it
accepted and went into occupancy of
Poplar street for its whole length when
it built a sewer thereon and under the
tracks to the river, in 1898.
The rule to make the temporary in
junction permanent is rcturnable at 10
o'clock, Monday morning. City Solici-
tor Nosburg will file the defendants
answer at once and an effort will be
made to have the case disposed of as
early as possible Either Judge Wood
ward or Judge Halsey. of Luzerne;
Judge Searle, Of Montrose, or Judge
Purdy. of l1onesdale, will be likely to