Evening journal., 1905-09-11
PARK TROLLEY IS
AGAIN IN COURT
Chancellor Hears Argument
on Bayard Application
for an Injunction
OTHER LITIGATION is [NPECTfL

Argument was heard before Chan
oellor Nicholson in the Court Of
Chancery today on the application Of
Thomas +. Bayard for a preliminary
injunction to restrain the Peoples
Railway Company from constructing
the park trolley line through Rock
ford Park on land adjoining that own
ed by him.
Mr.. Bayards bill of complaint was
filed at Dover last week as an abut-
ting property owner and taxpayer.
The Chancellor at that time issued a
restraining order TO prevent the COM
pany from continuing work on the
road and set today as the date to hear
argument as 20 why a preliminary
Injunction should not be issued.
MORE LITIGATION IN SIGHT
Mr.. Bayard during his argument this
morning stated that he was not inter-
Iferlng with the construction Of the
road because its tracks are to cross
those of the Wilmington and Northern
Railroad twice at grade and that the
railroad company has declared that il
will not permit this crossing Of its
tracks without litigation.
In opening his argument William S.
HillesC counsel for the Peoples Rail-
way Company. said that the present
case has nothing TO do with what thu
Wilmington and Northern Railroad
contemplates.
It was explained by Mr. Bayard that
he meant by his statement that work
would be stopped upon the line wheth-
~ f,f fu .nff,r, haI laatt "a ar NOT
Mr.. Hlles during his argument stat
ed that he had been unable TO find any
lease similar to this one, but that there
are numerous cities where trolley
lines run through parks without any
litigation having resulted.
Continuing he said that Mr. Bayard
would have to be more definite as In
his bill he stated the building Of the
lime would be unfair and a detriment
to him. Mr.. Hilles contended that
he should allege what his injury would
be.
He further argued that a park lik'
the one ia question had TO be crossed
because il was about three miles long
He said that at-present there are two
, trolley lines operated through the parl
> land called attention to the fact tina
Washington street bridge crosses thl
stream in the park. He held that tn
ipropesd railway could not iniure MI
elBayard as 1t VIII bot come within tw
{ blocks Of his property.
e Ia answering the argument Mr.. Bay
E ard stated that in plain view of hi
b front door the beautiful green slopl
would be marred by a twelve-foo
! trench and one of the modern mon.
strosities. a trolley car. with wire and
, poles. He stated that William p. Ban
croft gave the land for the specih,
purpose of having it used as a public
park.
Mr.. Bayard will file additional afi.
davits.
HOPES CASE CONTINUED.
The rule aginst Mrs. Henrietta f
Hopes TO show cause why a prelim.
mary injunction should not be grant.
= ed. which was returnable today, wa.
postponed until the next time tbs
chancellor comes to Wilmington.
The bill Of complaint against Mrs
! Hopes was field by William S. Hill
3 les. counsel for James C. McComb ant
= Jane Elizabeth McComb. trustees un.
= der the will Of Henry S. McComb.
{ II is claimed that Mrs. Hopes Il
= using an alley in the rear of her prop
! erty at Thirteenth and Rodney streets
which under an agreement entered in
to by a former owner Of the property
she has no right to use.