The Montgomery advertiser., 1905-07-13
Route Arbitrarily located Into Park
 Eucl0nure.


 8. Judging from the map. and a per- sonal inspection of the locus in quo, 1t does not seem to the court that the route selected by the Traction Com pany, after leaving the Mount Meigs Road. and entering the park property by the lower end of the lake. and then running almost at right angles into the paph IS an a or of the purposes of the grant or busi- its initial stages is far better trestle, or entering upon the park property at the head of the lake. ming some distance on the unfeneed portion of the park. puts a thirty-foot right t-ofway into the enclosure of the park itself, where 1t had been laid off. improved, studded with buildings, talk ing a line which skirts close to these buildings. and between them and the lake. 1t is an arbitrary and unreason- which the court will restrain. The constant running of street cars by elec- triclty in such place in the park, be- and near the main ingress and egress to buildings and places of amusement. would seriously Interfere with the anase%fn pany of it's Business. @ na ~ ani Would en- danger, at least old persons and young children in the crowds which roam beq sk the s arf anS a Of sss and to grant rights -of-way, was never in- tended to give the lessors power to in- fiict such Injury upon the, lessee. or tc d1sarrange and disorder the lessees control of their own premises andbusi. ness. The right of the Amusement Inside of the grounds. actually occu- pied and used by 1t for park purposes, is a valuable property right. which a damage which would be inflicted upon the lessee by bringing such a state of things to pass. and the running of cars on the route route selected inside o,,, or osrs the tainly amount to far more than two thousand dollars. exclusive of cost and in ten esrs ths life of the the ground that the amount involved Is therefore, overruled.
 cases. the court Is of the opinion, un- der the. circumstances of this case. where the right-of-way was neither defined nor outlined. and might be To- cated at any future time. upon the pos- session of one to whom the premises are leased for a particular business. that one who locates the right-of way so as to disarrange complainants busi- ness, and avails himself of complain ants improvement for his own pene- fit, when another route is equally feas. s. 
 compensation for the value of such taking and use during the term of the lease. The driveway from the Mount Meigs road to the park, so far as 1t has been utilized for the defendants road bed falls within this principle
 -- Injunction Allowed.
 A preliminary injunction wfll issue against any use by the defendant of the right within the enclosure as set forth in the map made an ex- hibit to the amended bill, and within fifty feet of the point where the de- fendant entered the complainants fence: but in view of the circumstances complainant must allow defendant. if 1t so desires. to remove the iron and structures within the enclosed park. and within fifty feet of the entrance thereof. the defendant in turn. putting the premises in the same condition, after removing the track. as they were before 1t was built thereon. Counsel the preliminary injunction. and wheth- CT defendant should give bond to com plailnant to hold 1t harmless for the use of the right-ofway, which on this preliminary hearing the court finds it is entitle dto occupy and use in on final hearing or by the Court of Ap-
 A deed was yesterday recorded in the Probate Court of Montgomery County by which Hal T. Walker and Mrs walker grant to the Montgomery Street Railway right-of-way to build car lines into Electric Park. This Is the first authority the Street Railway has had from Mir. and Mrs. Walker for building it's lines over their prop