Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1916-02-10
LEGAL FIGHT WON
BYLUNDAHL BROS.
Judge Ramsay in Circuit Court Rules
That Moline Concern May Con-
time to Operate Chute.
RESIDENTS WANTED INJUNCTION
Ruling Holds, However, That Firm
Must Remove Tracks and Make
Building Dust-PrOof.

The Lundahl Bros Fuel & Contract
ing company of Moline in circuit court
yesterday won the right to continue to
operate its coal chute between Elev-
enth and Twelfth streets and Railroad
and Fourth avenue, Moline, the con-
corn winning it's victory after legal
battle extending over is months.
approximately $4,000 was expend-
ed in the erection of the chute, and
had the company lost the case the
building would have been rendered
practically useless.
More than fifty witnesses were heard
during the case, which was bitterly
fought from beginning to end. Attor-
neys for the Lundahi company were
Johnston & Railsback of Moline, while
those for the property owners who
were fighting the coal concern were
Walker, Ingram & Sweeney of Rock
Island.
A striking feature of the case was
the attempt made by the complain
ants to show that the neighborhood
concerned was a residence district and
that the erection of the coal chute
there destroyed its worth as resi-
dence district. Judge F, D. Ramsay
ruled that the neighborhood is both
a residence and business district, and
that If Moline grows in the future as
it has in the past, it will be impossi-
BILE to prevent the extension of the
manufacturing district.
The Lundahl company, however,
was ordered to remove its switch
tracks SO that they will no
longer encroach upon the alley. AT
present they extend along the alley
for a width of two feet The company
was also ordered to take such steps
necessary as to make the building alb
solutely dustproof and fireproof,
Request for permission to erect the
building was asked for by Lundahl
Bros. early in 1914 Property owners
in the neighborhood notified the city
council that if permit were granted
they would ask for an injunction to re-
strain the company from building it.
City Delays Action.
The city building department delay
ed for months, but finally, a few days
after election last spring, the permit
was granted. On May 8, 1915, prop
erty owners notified the Lundahls that
if they erected the building they would
do so at their own risk The Lundahls
began construction of the building.
May 27. 1915, a bill was filed in cir
cult court asking that the Lundahls be
prohibited from completing the struc-
ture, on the grounds that 1t was nui-
sance. Compliments in the case were
Erick G. Erickson, Christine Erick-
son, Swan Anderson, Gustaf Lusty,
Louisa STANCE, William L. STANCE,
Charles 0. STANCE, Hugo r. STANCE,
Catherine Bergstrom, Emma West
man, Dorothea Werlich. James A.
Bennett, Mary Broghammer, Louisa
Edelman, and Erick G. Erickson and
A. G. Miller, executors Of the estate
OF Johanna Miller.
They declared in the bill that the
building would be a nuisance because
1t was more than 60 feet in height and
would therefore be a huge and I'M
! slightly structure. because it would be
firetrap, and because the noise and
dust would destroy the homes of the
compliments as residences.
In addition to demanding that the
| building not be used, It was asked
that the company be compelled to re-