The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-26
The Order Involving Pet
tigrew Street.
BRIEF BUT TO POINT
It is Found that Laying Tracks in
Pettigrew Street is Not Nee
essity. The Plaintiff Gives
Permission 10 Amend
Complaint.
Complaint.


cree of Judge PEBBLES in the Pettigrew
street matter was read and then or
dered recorded as a part of the docu-
ments of the court. The document is
not very lengthy one, but in this de-
cree the Judge finds the facts in a
concise manner, finding among other
things that the laying of tracks in Pet
tigrew street is not necessity as
there is plenty of room to put these
tracks alongside the street, II the
small wooden houses now rented out
are tern away. The decree in full is
as follows:
North Carolina, Durham County.
Superior Court, March "a, 1905,
City of Durham VS.. Southern Railway
Company and North Carolina haii-
way Company.
In pursuance of the notice to show
cause why the restraining order made
in this cause on Monday, the 2Oth DAY
of March. 1905, should not be con-
tinued to the hearing, this cause came
on to to be heard at the court house at
Durham on this, the oath OF March
1895. and after hearing read the ann
Gavits filed by defendants and these
filed by the plaintiff and considering
the same, and going upon the locus in-
quo in company with attorneys on
both sides and hearing argument, the
caurt finds the following to-wit:
1. That the plaintiff was incorpor-
ated in the year 1853 and has con-
tinued to be an Incorporated town or
city since that time.
2. That Pettigrew street has been
known and used as one Of the streets
of said town or city for thirty years
and worked upon and kept up as one
of plaintiffs streets by the plaintiff,
openly, VIGOROUSLY, and continuously
for said period of thirty years.
8. That on Sunday night, March
18th, 1905, the Southern Railway Com
pany began and partially constructed
two railroad tracks along said Petit
grew street within the corporate linz
its of said city of Durham-one on
the north side and the other on the
south side of the main track OF the
North Carolina Railroad Company, one
of the defendants.
4. That said railroad tracks inter-
fere with and greatly obstruct the free
passage along and over said Pettigrew
street
5. That said railroad tracks are not
necessary and indispensable to the
Southern Railway Company in operat-
ing it's road and handling its freights
and other business for the reason
that there is ample room south of de-
PENDANTS main track for another track
which would not at all interfere With
the use of Pettigrew street TIE use
of this space, however, would fequire
the removal of a small wood yard
rented to Mr.. w. Wall by the Southern
Railway Company. There lis room for
another track north of said main track
which would not interfere with the use
Of PettigreW street This would also
require the removal of a very small
shanty standing near the said main
track.
Wherefore it is considered and adj
judged that the restraining order here
inbefore may be and the same hereby
is continued to the hearing, upon the
plaintiff executing and filing good and
sufficient bond in the sum of five
thousand dollars, conditioned as is re-
quired by law in such cases, and APP
proved by the clerk of said court.
r. b. PEBBLES,
Judge Presiding.
To the above findings of fact and or
der or decree both defendants except
and reserve all the rights Of each in
the premises. This March oath, 1905.
r. b. PEBBLES,
Judge Presiding.
Plaintiff has permission to amend
its complaint.
r. B. PEBBLES,
Judge PIeSlQlfg.
AS yet the Southern has not given
notice of appeal.
It is not known as yet what the city
will do about the obstruction that is
now left in Pettigrew street. 1t will
be a long time probably years, be-
fore the case is decided and in the
meantime the street is almost COM
pletely blocked to the travelling pub
lie 1t is thought that the aldermen
will order the obstruction torn away,
that is, if they find that they have
the right under the law to do so.
Last night the guard was back on
duty at the Chapel Hill street crossing.
keeping an eye on the movements OF
the railroad people. In placing the
guard there the authorities say that
they had no reason to apprehend that
there would be a further move to cross
the street, but that the authorities
simply want to see what is going on
in that section during the night time.