Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1908-04-17
Has DireCtBearing
On HOIe-in-WaII
Matter.
THREE POINTS
MeiuChen Wins Two and Loses
One Railroad Must Take Care
Of Surface Wa er Must
Pave the Street lJader Ills
Tracks AhuimeniS.

BY a decision handed down in the
court of errors and appeals yester-
day afternoon, in the case of Metuch-
en- against the Pennsylvania railroad,
in which the borough sought to have
the railroad company remedy the
conditions of Main street under the
Pennsylvania tracks. the way Is
opened for some settlement in con-
nection with the "hole-in-the-wall'
matter at South Amboy Jast what
effect the decision will have on the
South Amboy case, the lawyers
are unable to say until they
have examined the decision more
carefully.
In the case just decided, Senator
George s. Silzer was attorney for
the borough of Metuchen and Alan
H. Strong appeared for the Pennsyl-
vania railroad. There were three
points at issue AS far as can be as
certained Metuchen has won two and
lost one. The points We're; first,
that the railroad company be eom-
PEELED to take care of the surface
water that collects under the tracks
with every storm. This has been des
cided in favor of Metnchen. Second
ly, the borough wanted the railroad
company to pave and take care OF
the street where ii passes under the
tracks. This is also believed to have
been decided in favor of Metuchen.
The third point, which is believed
to have been a victory for the rail-
road, was that of the removal of the
abutments from the street. From
the reading Of the decision it is taken
that the court has decided that the
company does not have to remove
the abutments.
II this Interpretation is correct, 1t
means that, when applied to the
"hole-in-the wall" at South Amboy,
the Pennsylvania railroad will have
to take care of the surface water SO
that it will not food the "hole"; that
lit will have to place a suitable pave
ment under the tracks, but the abut-
meat may not be disturbed.
AS it is the widening, and there
fore the removal of the abutments,
that is most desired in connection
with the "hole-in-the-wall !" the de-
cision does not look as favorable as
It might.
The conditions, however, are so
different in the two cases that 1t is
probable the abutment decision will
not hold in connection with South
! Amboy. At Metuchen there is the
width OF a street under the tracks,
but the abutments rest at the curb
line. between the sidewalk and the
roadway. At South Amboy the
"hole" is just wide enough to admit
the passage of one wagon at time
and narrow walk at one side.
In discussing the matter Senator
Silzer, who represents the county in
the suit in connection with the
''hole-in-the-wall, as well as Me-
tuchen in the case just decided, de-
clared that it might be necessary to
go into court again to bring eject
ment proceedings against the rail-
road company in the South Anlboy
case.
The fact that decision has at
Hast been rendered In the Metuchen
case means that the shole-in-
the-wall" matter will soon be decid-
ed as Vice Chancellor Stevenson
stated that he was only waiting for
the Metuchen decision before rem
dering his, because the same ques-
tions entered into both.
Metuchen, some time ago, secured
an order from the court directing
the railroad company to widen the
street underneath it's tracks in Me-
tuchen and take care of the surface
water which collected there and
overfowed the streets. The COM
pany appealed the decision Of the
court to the court of errors. The
borough also tried to get the rail-
road company to pave the street but
the court held that the railroad
company did not have to do this, The
borough appealed this finding to the
court of errors.