Two Street Railway Suits

The case of John Wisner against the Detroit, Ypsilanti and Ann Arbor road for their failure to allow him to take a building across their tracks on Main st., delaying him for over two days, was concluded in Justice Duffy's court at noon Tuesday. Mr. Wisner claimed $25 a day damage. The company claimed that it weakened their wire to cut it, that after it was cut, several breaks in the wire ensued which they sought to trace to this cutting. It developed in the testimony however that there were already three patches in the wire. The company claimed that by virtue of their franchise they had the right to use the streets, that to move a building across their track compelled them to cut their wires, interrupted their traffic and impaired their franchise. They admitted that loads of hay had a right to cross their track, as that was an ordinary use of the streets, but contended that the moving of buildings was an extraordinary use of the streets and that the board of public works had no right to grant Mr. Wisner permission to move the building. Mr. Norris for Mr. Wisner, contended that the railroad company did not own the air as well as the earth. The justice has taken the case under advisement. The case of Charles R. Davison against the D., Y.& A. A. road was set for trial Tuesday, but was dscontinued by consent, the case having been settled out of court by the payment of $10 and costs by the road. The suit was brought by Mr. Davison through Attorney M. J. Cavanaugh, for damages due to an electric car running at a high rate of speed overturning a livery rig in which Mr. Davison was taking two young ladies to see a ball game at the athletic field with Chicago. The two ladies were thrown out.