The Montgomery advertiser., 1909-02-09
AGREEMENT ] AS TO BRIDGE Injunction Suit Is Stop
 ped. TO RAISE BELL srREEr BRIDGE The Railroad Agreed to z Com-
 promise Height. g..ss,.. csms.sy Raise. srssss ss Eash ns ths struetuse ef she | 1.susayine ssa Nasaviiis
 af That Pefnt.. ii F

After the injunction suit of the 1scuisvflle and NashyiIIe Railroad had been in progress for two hours before Judge Thomas yesterday. the procsed- ings were suddenly broken short py friendly Agreement. by which the suit was sisisssd and the sa,lr0as sanr ae Issssa ssoe
 By the agreement, the Traction Com nany win raise the height of it's new steel bridge on Bell Street as the raii- road requested, to twenty Feet ana SIX inches from the nineteen feet eleven and half inches. as contemplated at frst.
 But there is . compromise, in the Agreement. For the raiiroad had asked mat inc trestie be hoisted to twenty two feet. and the mean of twenty feet ana six inches was reached.
 YThe railroad had petitfoned. the court That the Traction Company be enjoinsd from constructing trestle of less than xwsnty-twc feet In height. .deciarinx that any less height rendered danger ous the work of the treinmen who are forced by their duties 10 stand uprient on the moving trains. And as the trains of the Louisville and Nashville pass beneath the Bell Street bridge. fine road declared that the contemplat- cd height of nineteen feet and eleven dnches erdanxered the lives Of It's efn- ployes. fin view of the fourteen feet height of some of the freight cars.
 It has been the policy of the railroad here of late 10 enforce q height ot twenty-two feet In bridges and tres lies passing over its tracks. The bridge on Beli Street, an old wooden structure. 10 an. exception, in that It's height is only twenty feet six inches
 The Traction Company Is replacing . portion of the wooden bridge with 2 steel trastle. But, instead of construct ing the steel bridge to height equal to that of the remaiping wooden struc- ture twenty feet and six inchess the Traction Colnpahy made the steel tres tie nineteen feet eleven inches
 The railroad protested, but at first the work went ons Tn fact the con- struction progressed untiI the steel bridge waa nearly three- -fcurths eonl- pieted, at . height of nineteen feet eleven inches. ia spite of the protest. To prevent further progress at this rate the raiIroad asked for an injunc- ton. to stop the work an it is- And sn, with tsSe steel span nearly com pIeted, the work was summarily stop ped on Friday night.
 Ali this during the absence of Mir. Tiilis, the Traction Company owner. He reached the city in time to attend the hearing Monday. ct which he of- i&FGU pronalse. the steel trestle for the street cars viii be hofated to twenty feet six inches, with the provlso that it will be further ralsed fo twenty-two feet. whan the ratlrcad raipes its portion os the bridge 10 the same height. as has been ncOnteunplAted.
 The written agreement which broiye ahorE the in3nnctidn proceedings, and which dismtased the suit. was as fol- lows. sf-at
 .If you win dismiss suit for injunc- ton we will at once raise the Bell Street bridge as high as your bridge at that point at our expense. if city does not object.
 'sIf hereafter you should raiHe the foot ana wagon bridge At that point higher we consent that you may at the same time ralse our bridge to . hSight of twenty-two feat at your own expense, provided the surface of Hell Street west of bridge be graded with out expense Co us. to conform to the new height of the bridge.
 we also raleass you from any. dam- agee on account of the restraining or- der granted on the eth."