The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-04-10
COURT STOPPED TWO TRACKS.
Double Tracking of the Trolley Lane
TO ThunderbOIt Ecnjoined.

10 InunderDOlt kSn1Olneus
The construction of an additional track
along it's line to Thunderbolt by the Sa-
vannah, Thunderbolt and Isle of Hope
Railway, so far as that portion of the
right of way just east of the Waters
road is concerned, has been temporarily
restrained and entoined by Judge Falli-
giant.
The temporary restraining order was
granted by Judge Falligant, in the Supe-
rier Court, yesterday morning. The pc
titioner at whose Instance the order was
granted is Robert Culver, who sets forth
that he is the owner of seventy-six lots
of land fronting that portion of the COM
pany's right of way, sixteen of which lots
are occupied by houses rented by the
plaintiffs tenents. He has equities of
redemption in a great many more.
He shows that in almost every one of
these houses there are several small chill
dren who in the nature of things and
children, must use the right of way fire.
quently for the purpose of getting to the
opposite side of the street from that on
which they respectively reside.
heretofore, there has been a single
track along this portion of the right of
way and with the inconvenience to
which this subjected him and the dangers
to which it subjected the small children
of bis tenants, the plaintiff indicates that
he has ben reasonably content to submit.
The railway company, he says, is now
preparing and attempting to construct an
additional track, and this he says he
can't stand for and won't, If law will
uphold him.
The grading for the additional track has
already been done. and it is charged that
it win approach the southern line of the
right of way so closely as to make it i'm
possible for wagons or vehicles of any
kind drawn by horses. The northern side
of the right of way has always been i'm
passable, by reason of the presence of
ditch along that part of it. Therefore, the
construction of the additional track will
block the roadway, so far as its use by
any other type of conveyance than troll
ley car is concerned.
No fire engine, or hose cart, or truck.
or any other piece of fire apparatus will
be able to approach his property, after
| the construction of the additional track,
and he will be deprived. through what
he designates as the wrongful and unlaw-
| full action of the company, of the fire
protection to which he is entitled.
He shows further that it will be entire
| ly unsafe and dangerous to life should
the additional track be constructed, on
| account of the large number of small
children residing in the houses, belonging
to him and abutting on the right of way.
For all of these reasons, the plaintiff
| alleges, the construction of the additional
| track would be the occasion of very real
! damage to him and to his property, al
| though it might not be possible, be-
cause of the complexity of the situation,
to compute these damages accurately He
is the owner of the property over which
runs the right of way and the construc-
| ton of the second track, according to
| his contention, would be an additional,
| grievous and unnecessary burden.
He wants it stopped. To this end his
! petition asks for a temporary restraining
order, a temporary injunction when the
! hearing upon the restraining order is had.
and permanent injunction when the case
! is finally tried. Furthermore he asks
| a mandatory injunction. requiring the
company to take away the earth it has
| placed along the line of the proposed
track, for the purpose of grading it, and
to restore the right Of way to its former
condition. The plaintiff is represented
| by Messrs. Beckett &. Beckett.
The order granted by Judge Falligant
requires the company TO appear to-mor-
row, and show cause Why the temporary
restraining order already granted should
not be continued. 80