Evening journal., 1905-07-22
DECREE ISSUED IN
BUBENZER CASE
Allows Fourteen Feet AS an
Eas ment Under Proposed
Elevated Road
PLAINTIFF GIVES A BOND

The decree Of Chancellor Nicholson
in the Bubenzer case arrived at the
Office of Register in Chancery Jons
this morning. He decides in his decree
that Bubenzer shall have fourteen feet
as an easement under the elevated rail-
road to and from his Water street
property.
The Chancellor handed down his
opinion on the matter last week, but
It was not until to-day that he render
ed his decree.
Bubenzer also gave a bond IN case
the injunction is made perpetual or
dissolved. The bond is signed by
Samuel A. Mcdaniel and Christopher
e. Pfrommer. The decree follows:
And now. 60 wit. this 2ist day of
July. A. d. 1906 the motion for pre-
lliminary injunction on behalf OF the
complainant made pursuant to the
amendments to his bin OF complaint,
and the answer therto filed. having
come on to be heard and been-fully de-
bated by the solicitors of the respect
i've parties and the questions raised
| by and presented by the pleadings and
lamdavlts submitted at the hearing,
having been held under advisement.
and IL appearing to the Chancellor
that the defendant company is pos
lsessed Of adequate power and author
lity for the construction and operation
OF this elevated railroad. IN the city
Of Wilmington. and crossing the streets
thereof overhead as now set forth in
the pleadings and proofs. and. Also
that he said defendant company Is
possessed Of adequate power and au-
thority TO acquire by purchase or con-
demnation additional lands for the
widening Of its roadbed, subject, how
ever to the prohibition contained ia
the act Incorporating the Wilmington
and Susquehanna Railroad Company
prohibiting the acquisition. without the
consent of the owner, Of any outbuild-
lings of the value Of $500; and II further
lappearing TO the Chancellor that there
lare outbuildings Of or exceeding $500
on parcels and 3 OF the complainants
properties, as described in the plead
ings, and there are no such outbuild-
{ ings on the parcel of his property de-
: lscribed as o. l. and It AsSher appear
2 ing to the Chancellor that the said
. complainant is possessed OF an ease
+ lment along and over the northerl,
, side OF the defendants property which
] the complainant and his predecessor
{ I'm titlorhaye been. accustNzBrd eonfin
uously 10 use for a period exceeding
: 20 years, as a means of access, iugres
2 and egress 20 and from the said build
ling on said complainants properties
Nos. and West Front street: and I
e further appearing to the Chancellor
that the land southerly OF The COM
! N..H..
respondents right OF way is not showr
to be an extension OF Watep- st1nue and
a public highway. its is therefore
Ordered, by the Chancellor that the de
fendant company. its agents. servants
employees and contractors. be and the!
are hereby prohibited and enioined from
taking possession OF or occupying an
portion OF the parcels Q and Of the com
plainant's said property. pursuant 70 IN
condemnation proceedings referred 70 II
the pleadings. until the further order o
the chancellor.
.AnI it is further ordered by the chan
cellor. that the said defendant company
ITS agents, servants. employees and con
tractors bep rohibited and enioined fror
erecting and maintaining on the railroa
) companys' property any portion OF II
, said proposed permanent structure within
, fourteen feet OF the southerly propert
= line Of the parcels OF land Of the com
= plainant described in said bill as number
2 and 3. or otherwise than as will afford
clear space for the purpose OF said ease
ment between the said structure and sal
property line OF the said parcels Of IN
! said complainant, and permit the use an
/. enjoyment Of by the said complainant {
: the right Of passage from and 10 Yves
! street OF the width OF fourteen feet. unit
, the further order OF the Chancellor.
And 1t Is further ordered by the char
4, cellor. that all other orders and deere,
I heretofore made by the chancellor in n
. above cause, be and the same are hereh
= revoked and made null and void.
4 And further, that the complainant 81,
L an injunction bond In the sum OF q
= thousand CsiO,O0O dollars with surety.
[ be approved by the chancellor; and San
q uel A. Mcdaniel and Christopher ]
Y Pfrommer both Of the city Of Wllmins
ton are hereby approved as such suretie
I J. r. Nicholson, Chancellor.
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