The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-06-29
Railroad Company Seeks to
Enjoin Or. Smith from Build
ing Over Tracks.
TROUBLE AT EAST HAVEN
THERE START TO
BUILD A GRADE CROSSING AT
ASYLUM AVENUE WITHOUT
CONSULTING COMPANY.

Attorney John l., Rupe, representing
the Pennsylvania Railroad Company.
yesterday afternoon filed in the
Wayne Circuit Court, suit in which
it is sought to permanently enjoin the
authorities at the Eastern Indiana
Hospital for the Insane from con-
structing a grade crossing over the
tracks of the plaintiff at the northern
terminus of Asylum avenue. The
suit is directed at DIR. Samuel T..
Smith. medical superintendent of East
haven and John S. Duke, contractor,
who, for two or three days past, has
had a gang of men engaged in cutting
down the embankment at either side
of the right of way of the Pennsylva-
MIA, preparatory to constructing the
grade crossing.
Judge Fox yesterday afternoon re-
ceived the petition and granted tenn
porary restraining order. The case
is made returnable July 10, at which
time the parties sought to be enjoined
are cited to appear and show cause
why permanent Injunction should
not be granted.
Has Been Long Delay.
The contention between the hospital
authorities and the Pennsylvania rail-
road company is the outgrowth of the
long delay that has marked the pro-
posed construction of grade or over
head crossing over the tracks of the
railroad company at the northern ter
minus of Asylum avenue. The last
session of the General Assembly made
a specific appropriation of between
81 900 and $4,000 for this project 1t
being expected that the railroad COM
pany would pay its proportionate
share of the cost of whatever sort of
crossing was constructed. The street
car line connecting the city with East.
haven. traverses Asylum avenue from
the National Road to the railroad
tracks, and when the line was opened
to traffic the hospital authorities ask.
ed for and were granted the privilege
of maintaining turnstile on the north
side of the right-ofway, so that em.
ployes OF the institution and other per.
sons might leave the hospital grounds
and cross the tracks to Asylum ave.
nue.
Railroads Side of Case.
Following the granting of this con.
cession by the railroad company the
question of providing a public cross.
ing at this point, was taken up, but
according to the railroad company, the
hospital authorities wanted the rail.
road to pay the greater part of the
cost of an overhead crossing. On
the other hand the Pennsylvania did
not want a grade crossing, contend.
ing that the asylum was located at
high speed point along the line and
that for this reason a grade crossing
would be dangerous.
The matter reached a deadlock, II
appears, and DR.. Smith, medical SUI
perintendent of the hospital, recog.
nizing the need of crossing of some
sort and evidently believing that the
delay would be of great duration, pro-
ceeded to have a grade crossing built
DIR. Smith, the railroad company con,
tends, proceeded on the authority
which he believed the statute permit
ting farm crossings to be built, gave
him. This statute in brief, provides
that where a farm Is divided by a
railroad line, that the farmer may
have a private crossing under certain
regulations. 1t was not until Wed.
nesday that the Pennsylvania rail-
road company became aware that the
hospital authorities were proceeding
with the Iong-contemplated improve.
ment, and Attorney Rupe Immediate
Iy set about to block progress by the
injunction method. {
| Attorney Rupe said last night that
the statutes referred to does not give
the hospital authorities the right to
have a crossing, because it In no sense
will be a private roadway, but will be
public, being continuation of Asy.
lum avenue, a public thoroughfare.
DR.. Smith Out of City.
DIR. Smith was out of the city last
night, and no statement as to the
hospital side of the controversy was
obtainable.