The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-05-21
Judge Belden Placed His Sanction
on Findings in Elizabeth
Street Railway Fight
MAY AFFECT OTHER STREETS
Court Finds Facts In Regard to the
Hard Fought Case-Use of Road
way Would Be Impossible
For the Public
(From Thursdays Daily.)

Judge Belden has approved the find
ings in the action of John O'Donneu
ct al VS.. The Kenosha Electric Railway
and as soon as the conclusions
of law have been signed by the court
the findings will be filed for record in
the Office Of the clerk Of the Circuit
Court. The findings in the case sustain
every contention made by the plaintiffs
in the action and it is thought that they
will be most important in determining
the future Of the railway company on
any other 40 foot street in the city
The findings Of fact show that the
company built the double track on Eli
zabeth street without getting any speci-
fc consent from the property owners on
the street and that the track is not laid
in the center Of the street as provided
by the ordinance, that a portion of the
street between Bond and West Main
street has never been regularly dedicat-
ed as a street, but is used as a street
by the permission of property owners,
that the present curb lines have been
established for period of more than
twenty-five years, that the plaintiffs and
each of them are and would continue
to- be specially and greatly damaged by
the operation Of a double track and
their properties greatly impaired in
value. That the company had permit
ted the use of the tracks in the city for
the operation of interurban cars since
Dec. l, 1906. In conclusion the findings
hold "That travel by plaintiffs and the
public, were defendants cars in opera
ton as proposed, would be dangerous
at any point on road way and at
many points impossible. That at many
points on roadway there would be in.
sufficient space for the narrowest
vehicle in common use in Kenosha to
stand between curb and car side; at
points insufficient space for such
vehicles to stand between curb and
rail and at points insufficient space for
the safe passage Of bicycle rider
"That cars of defendants under the
ordinance have right of way, and the
use Of roadway as contemplated by
defendant, would be to the practical
exclusion Of plaintiffs and the public
and constitute monopoly and serious
ly impair the plaintiffs free egress from
and access to their property.
F'That for twenty-five years next
before the bringing of this action the
nf Ec4p
fences, sidewalks and curbs was the
same as at the time of the passage Of
ordinances 254 and 307 and the entrance
by defendant upon roadway
"That the street as occupied and
threatened to be occupied by the de-
PENDANT makes the passage Of vehicles,
having the right to go upon the road
way and the cars of the defendant,
difficult and dangerous and at some
points impossible.
"That the use of the street under
taken to be authorized in the defen-
dant palpably destroys it as safe and
proper thoroughfare for public use. :"
An examination Of the findings will
show that they are so strong as to i'm
mediately offer, a chance for protests on
any narrow street in which the street
railway company contemplates the build
ing Of double track.
The matter will be taken into the
Supreme Court as soon as possible, but
it is not thought that a decision on the
case can be secured in less than a year
and all work on the extensions of the
lines will probably be delayed until
after that time.