The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-02-09
CITY AND ERIE
APPEAL IN GRADE
CROSSING SUIT
Decision of Vice=ChancellOr Ste
vens Unsatisfactory to
Both Parties.
OTHER SIMILAR CASES
WILL BE POSTPONED
Court Wishes to Hear Higher
Courts Decision on Sum-
mer Avenue Action.

Both parties to the suit brought by
the city of Newark against the Erie
Railroad Company to compel a change
of grade at the Summer avenue cross
ing have appealed from Vice-Chancellor
Stevens's decision to the Court of Err
rors and Appeals. The appeal may
postpone the trial of other grade
crossing suits, notably the case of
Montclair and the Board of Freehold
ers against the D., l.. and W. Railroad
Company and the Public Service Cor
poration to abolish the grade crossing
in Bloomfield avenue. Montclair, until
the higher courts passes ON the mat
ter.
Application was made today by Rob-
ert II. McCarter to Vice-Chancellor
Stevens for leave to demur to the bill
filed by the Board of Freeholders in
this suit, The motion was granted, but
not until a general discussion followed
among counsel in which the fact was
brought out hat an appeal had been
made to the higher tribunal.
Danger In Montclair.
The Montclair crossing, it was said,
was a particularly dangerous one, and
further delay endangered the lives of
every trolley car passenger at that
point. Herbert Boggs and Joseph Coult,
counsel for Montclair, declared that
they wished speedily to relieve their
clients of any responsibility in cases of
accidents. To this end they opposed
Mr.. McCarter's motion, as the case was
set down for hearing on February "a,
and the filing of a demurrer further
postponed it. Mr.. McCarter c%ontended
that the Board of Freeholders had no
business in becoming a party to the
suit. There was no statutory authority
to allow the board to do this. he said,
and he would demur against their bill.
"~Inasmuch as al appeal has been
taken from my decision in the Summer
avenue suit, I am in no hurry to try
these cases. declared the ~vice-chan-
cellor. II would decide them along the
lines Of the rule laid down in the SUM
mer avenue suit. Until the higher court
passes IN the case, l will assume 1 am
right; but If the decision is changed,
any subsequent suit decided by the
same rule would have to be retired"
p. $. g. Asks Demurrer.
Frank Bergen, counsel for the Public
Service Corporation, declared that he
would also like to file a demurrer, re-
questing that the bill be dismissed, on
behalf of his client. but was prevented
from doing so because he had already
filed an answer In the suit.
HI Summer avenue crossing suit was
brought by the city of Newark to abol-
ish the grade crossing of the Erie rail-
road near the North Newark station.
The city asked the court to compel the
railroad to lower or elevate its tracks.
Instead, the vic~e-chanceTlor ordered the
railroad to take up three of its six
lines of track at the crossing and re-
stricted the use of the remaining tracks
to through traffic. Both sides were dis
satisfied and have appealed.
The vice-ehancellor also postponed
the hearing of a similar suit brought
by the city Of Newark against the Erie
TO abolish the Fourth avenue GRADE
crossing until November II uext.
The demurrer in tho Montclair suit
will be argued February q. The trial
of the case will not follow until in,
demurrer is upheld or overruIed.