The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-24
ERIE DEFENDS
CROSSINGS
IN SUIT
Summer Avenue One Con-
sidered ia Fight to
Enforce Ordinance.

Residents of the Eighth and Fiji
tenth wards were in Vice-C Chancellor
Stevens's court this morning to testify
in the final hearing of the suit insti-
tuted by the Mayor ard Common
Council of Newark and the Board of
Street and Water Commissioners
against the Erie Railroad and the
Erie, New York and Greenwood Lake
Railroad, to abolish the Summer ave-
nue. crossing of what is popularity
known as the Greenwood Lake Rail-
road. Joseph Couit, William A. Smith
and City Attorney Herbert J.. Boggs
| appeared as counsel for the city, and
Congressman r. Wayne Parker, Cort-
| landt Parker, Charles L. Corbin and
Lawyer Minard represented the rail-
road.
The suit IS the final one of a series
instituted by Mr.. Coult at the time he
was City Counsel, to enforce the city
ordinances requiring the railroads to
remove all grade crossings within the
city limits. The court has taken testi-
mony on the meadow grade crossings,
and decision thereon is now pending.
The Summer avenue crossing is al
legged to be one of the most dangerous
now existing in the city, inasmuch as
it is located at a crossing surrounded
by large manufacturing plants. where
thousands of employees are going and
coming constantly.
The answer of the railroad denies
that the crossing is a dangerous one.
1t denies also that the four tracks
crossing the avenue are in constant
use or that the location is one which
has grown very fast In population. 1t
admits the operation Of the four tracks.
but says that two of these are freight
tracks, used only at infrequent inter-
walls, for the convenience of the manu-
f~acturers located at or near the cross
ing complained of. 1t further denies
that the traffic of Summer avenue is
impeded by reason of the unreasonable
closing of the railroad gates.
AS counsel prepared to proceed with their
respective statements of the suit, Vice
Chancellor Stevens interrupted to remark
that he had sent to Trenton today his de-
cision in the suit brought by the city for
the abolition of the Plum point lane cross
ing of the Central Railroad. He said in
that suit he had found the crossing to be
maintained in a not unreasonable way aud
had permitted the road to build an addi-
tional track north Of the present ones, but
enjoined them from constructing any TO
the south. The text of his remarks APP
pear elsewhere.
This decision, then, eliminates, the tech
nical questions threshed out in that suit"
remarked MI. Coult, land makes the
issues here those of fact?"
Precisely" agreed the court.
After a brief cOllOuuV hetWeen cnunSal it
was agreed to go ahead at once with the
aking of testimony, and George t. Brand
ley, of the department of streets and
sewers, was called as the first witness for
the city.
Maps showing the Summer avenue cross
ing on a large scale and small scale, one
OF the city printed in 1871 and a fourth
showing the streets of the city in outline.
were attached TO the exhibit frames, and
the expert witness proceeded to describe
in detail the location of the Greenwood
Lake Railroad property from Washington
avenue to Mt. Prospect avenue, the wit
ness inscribing with a lead pencil at the
courts direction certain figures and meas
urements he testified to with respect to
the tracks and railroad property imme-
diately adjacent to Summer avenue.
Mr.. Smith, who examined the witness
for the city, after Offering the maps in
VN1 0ClNG dShtu III WllDtSS WleH NeTO1u
avenue. just south of the crossing, and
Syly an avenue, just north thereof, were
opened, and the witness referred to old
city ordinances part of the records in the
City Clerks office, and testified that We
roma avenue was opened from Washington
to summer avenue in 1875, and from SUM-
mer avenue to Mount Prospect ave-
nue. in 1873. Sylvan avenue, he said, was
opened in 1874, and extended from Summer
TO Mt ProCna0t oNraptto In 1QeE .n.a.,
avenue. he testified, was opened in 1873, to
the Second River, the right of way prior
to that time being known as the Back
rod to Belleville, and the Old road to
Newark.
As the case proceeded many city Officials
began to arrive in court. Among these
were Morris Sherrerd, chief city engineer
james Owen. former county enginee.:
Harrison Van Duyne, former president @
the Board of Works. and Arthur T. Den
man. president of the present Board. =
Former Alderman H. ]. THEM, an exper
photographer, was called to identify photo
graphs showing the Summer avenue cross
ing from all directions. He said he took
photographs from points which he marked
on the scale map The photographs were
then marked as evidence.
City Engineer Sherrerd's testimony was
directed to the presentation of informa-
ton with respect to the grade of Sum
mer avenue, and the streets adjacent to
the railroad crossing. Asked II it would
be possible to lower Summer avenue so as
to permit the street to pass beneath the
railroad tracks Mr.. Sherrerd replied that il
could be easily accomplished, as Summer
avenue had a crown between Verona and
Sylvan avenues. Such an Improvement,
the witness said, would cost at a rough es-
innate about $4,000, including proper \.
damages. The grade for such depressic
of the t~horoughfare, the witness sal 4
would be Of 4 per cent. from Verona we
nue. to the crossing and of about one-half
Of l per cent. thence to Sylvan avenue.
rs this crossing as it exists today a
detriment to the growth Of the city nc
of the railroad asked Mr.. Smith.
Mr.. Parker Immediately objected
the court upheld the objection.
Its a dangerous crossing. of course,
said Mr.. Sherrerd.
II move that that answer be strick n
OUT said Mr.. Parker.
81 overrule the question" said the
court. The question must be put Ia
some other way. The very point / am to
decide in this case is whether or not this
crossing is a dangerous one"
Continuing, the court said it believed
the witness to be a competent witness Q