The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-09-02
Rail ROADS
At WAR
West Shore Fights the Ber-
gen Turnpike Trolley ID
Court Of Chancery.
OYER CROSSING At LITTLE FERRY
Marshal Van Wrinkle Says
He Fears David Young's
Company Will Cross
by Stealth
OYER CROSSING At LITTLE FERRY

Marshall Van Winkle, as counsel for
the New York Central Railroad lessee
l=of the West Shore Railroad Company,
applied to Vice Chancellor Pitney this
| morning for an injunction to RESTRAIN
the Bergen Turnpike Company from
crossing at grade with trolley tracks at
Little Ferry. The Bergen Turnpike Com
pany, which has recently passed into the
hands of people interested in the NortlA
Jersey Street Railway Compan% is
building a trolley road along the tairn-
pike to Hackensack. The turnpike eon-
pany has laid its tracks almost up 10
the rails on either side of the West shore
and OH Friday Mr.. Van Wrinkle, repre-
senting to Vice Chancellor Stevens, IN
Newark. that there was reason to fear
that it would attempt to cross the Vest
Shore at grade obtained. Temporary
injunction restraining the turnpike Speo-
Die from making such crossing.
The matter came upFbefore Vice Chan
cellor Pitney this morning on Mr. an
Wrinkles motion to make the Temporary
injunction permanent.
Mr.. Van Wrinkle read his bill and af-
fidayits which stated that the Turnpike
people had laid their tracks within 800
feet of the West Shores tracks, had cut
the West Shore tracks with a cold cllisel,
Indicating where it proposed to cross,
and would cross at grade by force and
stealth Just as they stole across the
Erie's tracks at Fairview some time be-
fore. Ex-Governor Werts for the Turn
pike Company read its answer and sup
porting affidavits. The answer declared
that the Turnpike Company never at
tempted to cross the West Shores
tracks without applying to the Court Of
Chaneery toidetermine the uatalrsis6 su&l
crossing.
David Young, president of the Turn
y pike Company, swore that he had in
structed his men not to cross the West
Shore Company's tracks until the court
had determined the nature of the cross :
ing. George I. Werts, counsel for the
company, had been instructed to make
such application, but had been unable tc
do so owing to an injury he had SUSTAIN
ed which confined him OF his home. He
denied that the company intended tc
cross by force or stealth or that any of
it's employees had ever attempted to do
so.
On the contrary all employees had been
instructed not to make such crossing
without the order of the court. He had
trind IN fonp IN Soma orra n Vamant wifi,
the West Shore people over the crossing,
but they would not treat with him. The
other affidayits corroborated that of Mr..
Young
Mr.. Werts contended that the complain
ants had no legal foundation for their
suit against the Turnpike an dtheir tenn
porary injunction should be dissolved
Mr.. Van Winkle replied that in tie
light of what the turnpike people had
done ON both sides of the West Shores
tracks and then method in which they
stole across the Erie's tracks, the injunc-
ton should be continued.
Mr.. Werts strenuously denied that the
story about stealing over the Erie's
tracks was true.
In matters of this kind, the Vice Cham
cellor said that the company wishing to
cross the tracks of another should start
the proceedingse in Chancery required hy
law in time to disarm any suspicion. In
this case it would be best to let the in
junction remain. Turnpike people be-
gan the chancery proceedings. 70 this
Ex-Governor Werts objected but Tie
Vice Chancellor continued the stay for
week