The Savannah morning news., 1900-12-09
CONDEMNATION IS ENJoINEO.
HENRY AMOS OBJECTS TO STREET
RAILWAY CROSSING HIs LAND.


RAILWAY CROSSING HIs LAND.
Judge FalIiEnnt Granted Restrain
Ing order, Prohibiting the Fur
ther Prosecution Of Condemnation
Proceedings for Land on BIuH nt
ThunderboIt-Portio Of New ~
tension TO MRther's Point 90 Mr..
George Parsons. Who l. "a Co-dc-
PENDANT with Nr. Ambos In the
Condemnation Proceedings, l.
Made n Co-dcfcndant with Rail-
way In suit for Injunction.
Judge Falligant granted temporary
restraininE order yesterday prohibiting
the prosecution by the Savannah. Thun-
derbolt and Isle OF Hope Railway OF pro-
coeaings TO condemn certain land OF ,he
petitioner Henry Ambos. az Thualerbo.t
until the further order OF the court.
The petitioner seeks equitable relief
against not only the street railway com
pany, but Mr George Parsons % Sew
York Mr.. Parsons Is made "a co-dcfeul-
ant with Mr. Ambos IN the proceedings
for condemnation that have been hleI 1s
De has a qualified interest m TIE land that
Is sought 70 be condemned In his pcH-
lion. Mr.. Ambos says that Sir. Parsons
has no right or title 60 the property
which entities him 10 consideration when
the question o. is value IL to be deter
mined and that his interests and those OF
the petitioner are altogether separate.
dlsiiucs ard antagonists.
The petition recitcs that Mr Ambos
is the owner Of a piece OF land. extend
Ing seveuty-ave feet along the blum at
Thunderbolt, which the RAILWAY company
has sought 20 condemn for the coustruc-
ton Of an extension of its present ira KS
for the purpose OF reaching Mather's
Point
Mr.. Ambos says that the company is
already trespasser upon his property
for So feet OF as right-of-way ATOMS the
blum. which Il has never acquired or
sought 10 acquire by condemnation or
other legal means OF any kind. The prrs-
ent attempt ne thinks Is evidence of the
fact that with The railway company this
f0nduess Tor trcspaSslug has dcgeuerttel
into q habit. ana he wants u stopped.
in the nrst place. be says. 90 reach the
piece OF land which o. is sought Geo cons
denim 81 will be- necessary FOR the rall-
way tWANlAN4 10 NANGh iAaH IfiffAAit1f.Hs AH'.t
hy him as a residence ana place of hus.-
ness. and on which he has erected extern
-ive and substantial buildings lie has no
intention OF permitting the company leo
take this step. as Go permit 20 would rec
suk Ia great loss ana Inconvenience 20
min.
Mr.. Parsons. says MIR Ambos IN his Pc
iitlon. has never Indicated by his conduct
that he felt that there was any commun-
] n frrs. h..Ha
never counselled nor conferred with Mr.
Amhos as to this condemnation pruce"f
ing As "a matter OF fact. SAYS the petit
ton. Mr.. Parsons Is too largely Interested
in the railway company o. permit him
TO be other than perfectly antagonists 20
SIR. Ambos and his interests
Your petitioner believes aud 80 AYERS,
SAYS Mr.. Ambos. THAT said George FAR
sons and said Savannah. Thunderho.t and
Isle OF Hope Railway Company are boo cole
lusion with each other for tEe purpose
Of obtaining said right OF way over said
iot OF land. with a view % thereby im-
proving. TO the detrimeut Of your pet
tioner the said MatheTs Point property
Mr Ambos speaks Of his own restaurant
and bar al Thunderbo.t and then tells OF
the agreement between Mr. Parsons ana
the company Tor the improvement az
Mathers Point He saws thas the right
OF way across the piece Of and sought
10 be condemned Is not needed. as There
are several other routes by which Math-
ers Point can easily be reached. without
interference with the rights Of anyone ard
without loss OF custom or travel to the
company. and that q is only sought FOR
the purpose OF inJurinR him
a long string OF legal objections 10 the
suflciency OF the condemnation proceed
mss Is included 10 the pc ition. Mr Am
hos winds up his plea for Injunction and
other equitable relief hy saying that uu-
less the writ issues he will suffer ire
parable loss and injury.
Judge Falligant granted the temporary
restraining order prayed for. prohibiting
the prosecution Of tho condemnation pro-
ceedings or other Interference with the
status quo until Dec IS when tho street
railway company and Mr.. Parsons are die
rected 90 appear and show cause why
temporary injunction should not be- grant
ed. The plaintin is represented by Mr..
r. r. Richards