The times. [volume] (Richmond, Va.) 1890-1903, 1902-04-05
NOT TO DIVERT WATER
FROM ELECTRIC PLANTS
Judge Lamb Grants the Passenger and Power Company
Temporary Injunction Against Virginia Electrical
Railway and Development Company

mental bill! and has filed Il dead dated
18th April, 1900, purportnG to show that it
has become the purchaser and assignee
for value of all the rights and property
OF the original complainant, including its
rights TO Browns and Johnson's Islands
! in said bills mentioned, and to prosecute
this suit, came OH to be heard on the
motion OF the said Richmond Passenger
and Power Company for an injunction
made on tho - day Of February, 1907,
and continued from time to time from
this date; and the court having mature
ly considered the said original and amend
cd bills and said deed and the affidavit
of f. w. Christian, dated on the 14th day
OF March, 1902, and the exhibits thereto
attached, filed by the conplainants, and
the answer of the defendants read as an
affidavit; and on the affidavit OF Reuben
Shirrens dated 18th day Of February,
1902, and April 1st. 1902, respectively; and
an affidavit Of William Todd, dated 2Sth
day of March, 1902, and the copies of three
letters thereto attached, two dated April
7th, 1899, and the other dated May I'D.
1899; the first mentioned and the last
mentioned addressed to E. w. Traf ford,
superintendent OF the original complain
ant company, and the other to said COM
pany and all of which arc letters from
the defendant company which affidavlts
of said Shirreffs and Todd. and The eX-
l,ibits Herewith, were filled by the defend
ant company.
And the court, having heard the argu-
mcnts OF counsel of the complanan1s in
support of their said motion. and the ar
c1Iment OF the counsel for the defendant
company in opposition thereto, and nay
ing considered the same, the. court, With
out at this time passing 1lnaHy upon any
of the questions in this cause, but reserV-4
ing the same for future CONSIDERATION,
doth adjudge, order and decree: An in-
junction is awarded the complainant, the
Richmond Passenger and Power Com
pany, to cnioin and restrain the defen-
dant. tho Virginia Electrical Railway
and DEVELOPMENT Co. its officers, employees
and agents from interfering with the
water in James River SO as to prevent
the said complainant from drawing
through its pipes. constructed and estab-
lished for the purpose OF conducting wa
ter to its boilers and condensers on
Browns and Johnson's Islands, the wa
ter necessary for supplying said boilers
and ccndensers on said property until the
further order Of this court.
For the purpose Of complying with this
order, the defendant company may en-
ter temporarily on the western end Of
Browns Island and do such acts as may
be necessary to comply with the require
ments of this order; provided, however.
! that the defendant company shall not
| claimants plants on said islands. nor
ause any permanent or unnecessary dam
! age to said island. nor blast any rock
| on said island alongside of the channel
| between said island and the main shore
nor enlarge the said channel by any
! work done in pursuance Of the leave here
by granted
'The defendant company may have in
gross and cgress for their agents and
workmen for the purpose of complying
with this order to that OF Browns Island
along the water edge of said channel at
points other than the western end OF said
land, but not to blast. dig in, or otherwise
disturb those parts of said island.
and leave is also given said defendant
company for the purpose of complying
with this order. to lcnsthcn the pipes of
the complainant company on Johnson's
Island to such extent as shall be reason
ably necessary provided they shall not
interfere with the operations of the COM
plainant's plant on the said island