The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-07-26

The Scranton Gas and Water com
pany, through ex-Judge T.. N. Willard
of Willard, Warren & Knapp, yester
day secured from Judge John p. Kell,
preliminary injunction restraints
Coon 4 Sons, contractors; Director OF
Public Works Roche and the city o
Scranton from proceeding with tn,
work of the South Side sewer, at the
corner Of Front street and Stone ave.
nue., In any way In which said work
VIII Interfere with the plaintiffs pipes
The rule to make the injunction per.
manent was made returnable July &c
at 10 a. mi.
Appended Is the bill Of complaint
filed by the company:
To the Honorable, the Judges of the
Court of Common Pleas of Lackawanna
County, Sitting in Equity:
your orator complains and says
Flrst-That Is Is corporation Of the
state of Pennsylvania, duly incorporated
by an act of the general assembly of
SAID commonwealth, approved the 10th
day of March. A. d. 1864, entitled, "An
Act to Incorporate the Scranton Gas and
Water Company; and said act and its
suppiments your orator prays may be
taken and considered as a part Of this
bill
Second-That by the second section of
the said act, the said plaintiff has the
right ITO provide, erect and maintain all
works, machinery, fixtures or engines
necessary or proper for making. raising
and introducing into the village Of
scranton, I.llzerne county, sufficient
supply of gas and pure water: and for
that purpose may provide. erect and
maintain all proper buildings, csterns
and reservoirs for the reception of the
gas and water to be introduced, and for
this purpose they are authorized and
empowered by themselves. their agents,
engineers and workmen to take water
from any stream and with their TOOLS
carts. wagons and horses along and upon
lands and enclosures, streets, lanes and
alleys. roads, highways and bridges, as
may be necessary. to occupy or to oh
tain necessary material for the construc-
tion of said works, and to occupy, ditch
and lay pipes, and from time to time to
repair the same"
HAS LAID PIPES. y
Thrd-That in pursuance of said au-
thority SO vested in your orator, as afore-
said 1t entered upon Stone avenue and
Front street, in the city of Scranton, and
laid down pipes, some twelve inches In
diameter, and others six inches in
diameter. and properly and carefully To-
Gated the same, so as to furnish the
said city of Scranton and the citizens
thereof with pure water. That said
pipes. so laid as aforesaid, have been
maintained and kept in good order for
the purposes aforesaid from the time Of
the laying thereof until the present time.
Fourth-Ihat on or about the 25th day
of July, 1902, the said A. II. Coon and his
son. Bolton G. Coon, under a contract or
pretended contract with the city of
Scranton, and under the supervision and
direction of the said John E. Roche,
director of public works, commenced in
terfering with said pipes and endanger-
ing the same by exploding dynamite in
the vicinity thereof and under the same
and by digging and trenching adjacent
thereto and under the same and along
the same.
Fifth-That your orator is informed
and believes that the said defendants. A.
II. Coon and Bolton G. Coon, are con-
a sewer on the said Front
street and on the said Stone avenue, un-
der the authority of the city of Scran-
ton, and in their construction of said
sewer they pay no attention to the water
pipes there laid. and the said John T..
Roche, by letter addressed to the Scran-
ton Gas and Water company, under date
July l6, 1902, ordered the said company
W isUloNc us Suiu pipes on 'FRONT.' street,
opposite the easterly alley between South
Webster and Prospect avenues.
SiNth-Your orator Is willing and has
so notified the authorities of the city of
scranton, that it is reao. to do anything
oy way of relOcating or moving the
pipes in question, providing it is indemni-
led for the damage it may sustain by so
1oins. But notwithstanding it's said will
ngness so to act, the said rity in the
construction of its sewer is threatening to
.hem dangerous to the city and useless
las been given or offered to your orator,
directly or indirectly. by the said city or
)y the said director of public works, or
oy the said A. II. Coon & Son..
Seventh-That If the defendants above
named are allowed to proceed with their
work, irreparable injury will be done to
'our orators property, for which there is
10 adequate remedy at law.
PRAYER.
First-That a preliminary injunction
nay issue, directed to the defendants
above named, restraining them and each
md every one of them, and their en-
,loyes, workmen and laborers, from fur
her interfering with your orators water
'ipes on the said Stone avenue and the
'aid Front street. and at the intersection
If the said Stone avenue and Front |
street.
SecOnd-That upon final hearing, the |
aid injunction may be made perpetual
Third-For such other and further re- |
ief as to your honors may seem meet.
The Scranton Gas and Water Co.