The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-08-24
ANOTHER SUIT FILED
AGAINST RAILROAD
Il. A. DAVIDSON OF LANE CITY
ALLEGES ROAD INJURIES HIS
PREMISES.
ASKS DAMAGES IN SUM OF $4,000
Attorney Crump States More Local
Suits Will Follow A. J. Fesler
Action.

Another suit has been filed against
the Nevada Northern Railway COM
pany in which E: A. Davidson is the
plaintiff The papers were filed yes
terday with Deputy County Clerk
Oldfield by the attorney for the plain
tiff, S. d. Crump.
According to the complaint the
plaintiff on May 26, 1906, became
the owner of lots and in block B
in Lane City, together with certain
business blocks on the property.
The document reads further That
said street or highway known as
Main street, upon which said premis
es abut is and at the time herein
mentioned, and for many years past,
has been public street and thor
oughfare, held in trust for the pub
lie as an open street and public way
for the use and benefit of the public,
and the public has acquired, and still
has an easement in and over said
street for the use and ordinary uses
and purposes of public street and
way for no other purposes whatso
ever, and neither the defendant or
any other person had or have any
right to use or to authorize the use
of said street for any ordinary or i'm
proper purposes or to obstruct or to
destroy the same as herein set forth.
'"That the defendant about the
first day of August, 1907, without
any right or authority whatever and
without the consent of plaintiff, en-
terer into and upon said street, took
possession therof, and constructed
thereon and along the center thereof
steam railroad, and raised the
grade thereof and placed thereon
and above the level of said street
cross-ties and steel rails, for the pur-
pose of operating theron railroad
by the running of freight trains and
other heavy trains drawn by steam
engines, and said defendant is now
so engaged in operating said railroad
by running thereon and over and
across said street and the lots afore-
said contrary to law and in derroga-
ton of the rights of plaintiff as afore-
said and without having compensated
plaintiff for his damages in the
premises.
1t is also alleged that the con-
struction of the railroad along Main
street deprives the plaintiff of the
enjoyment and use of the thorough
fare and that it has also caused de-
probation of the value of the lots
Davidson complains that access to
his property is Interrupted, that
ashes and cinders from the engines
prove an annoyance, and 'the fire.
ouent running of said trains and en-
gines over and along said street in
| front of said premises, great and con-
stant peril to the lives and limbs of
persons going to and from said prem
| ises and along said street is con-
stantly and will be constantly
caused"
1t is also alleged that it is dan
gerous and practically impossible for
| teams to be driven along the thor
ougfare mentioned and that by rea-
son of all these alleged trespasses
and wrongs the plaintiff will not be
able to rent his property as favor
ably as he otherwise could.
Damages are therefore asked for
$4,000 and costs of suit.
| Attorney Crump also said that
more suits were to be filed by prop
erty owners in this city.
When asked just how many he was
unable to state, but replied that sew
eral more actions similar in nature
to that recently filed in which A. j.
Fesler is the plaintiff, will be filed
during the next week or so. The
property owners will not only ask
damages but also that the rails be
removed from Garden street. 1t Is
understood that although the rails
were removed they would want dam
ages for alleged injury done to their
property while the railroad was on
Garden street. The entire amount
of damages to be asked for by all
those who contemplate sueing the
road will be between $4,000 and
100000.