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Street Railway Case

Street Railway Case image
Parent Issue
Public Domain
OCR Text

An interestiug case froui Momoe was heard today by Jndge Kinne, coming up on a motion for the dissolution of a temporary injuuction granted Holt, Scbreber & Co., against the Toledo & Monroe railway coinpany. Judge Landon representad the complainaut aud Messrs. Collins and Butzel, of Detroit, the defendants. The railway in question is a strtet railway projected tor the city of Monroe to extend to Toledo It was started two years ago but has been at a standstill for a year or so. The complainants had a contract to build the road, vvhich the company fiually declared forfeited, when the complainants sought to enjoin thern from makinhg a contract with anyone else. The Monroe city franchise expired last July and was renewed for one year on the payment of 1 1,000. Last August the complainants asked for 39,OOO worth of the J50,000 of bonds which were to be issued to bnild the road and since then have done no work. The defendant compauy claim that the complainants are irresponsible that they have never had any ties or rails excepting 1,100 f eet which were seized and sold on execution, tbat while they pnt f12,000 iuto building a power house at Monroe, there was ocer 16,000 due on it and that the property was about to be taken unaer mechanics leius, and that unless the injuuction was at once dissolved all their property would be gone, as the franchises would expire. They claimed that they had franchises for half the way to Toledo, which had cost them about f2,500 a mile to secure, and to save these they I must be able to contract at once with parties who could go ahead to build the road. Jadge Landon opposed the dissolution of the injnnction unless the company was required to put up $50,000 of bonds as security that damages found against them would be paid. Mr. Batzel made a fine argument oq the score that the court uould not grant specific performances of a contract so general in its terms aud could not bnild a railroad. It was very evident from all the facts brought forth that unless something is duue quickly Monroe will not have a street railway under the franchises tnat have been granted.