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All Talked Together

All Talked Together image
Parent Issue
Day
9
Month
June
Year
1899
Copyright
Public Domain
OCR Text

But When The Talk Was Over the Injunction Against the Saline Road Was Modified.

    Some days ago two women by the name of Caplin who own a farm situated about three miles west oi Ypsilanti, on the line of the projected Ypsilanti and Saline electric road, obtained a temporary injunction restraining Henry P. Glover and Robert W. Hemphill from building the road past their premises. Judge Kinne heard the arguments this morning. Lee N. Brown appearing for the complainants and Capt. Allen for the defendants. It was claimed by the plaintiff that the proposed road would run within three feet of the fence in front of their premises, and that as it would not be on the same grade line as the highway plaintiffs would be usable to hitch a horse in front of their buildings or cross the tracks into their fields without great inconvenience and that their property would be greatly damaged hereby. They prayed the court, therefore, to compel the road to pass them by on the other side of the street. Capt. Allen held that no damage would be done them. But if there should be, the amount of damages must first be ascertainned by a hearing. The court did not agree with the captain and quoted authority to the attorney which he appeared not to be familiar with. It appeared to be the opinion of the plaintiff's attorney and he judge as well that the proper course for the defendant where damage was alleged was to secure the right of way through condemnation proceedings. For a time the attorneys were so anxious to talk that they insisted upon both talking at the same time and that too while the judge was speaking. thev finally ran down, however and then it did not take long to reach a satisfactory arrangement. Judge Kinne modified the injunction or issued an order requiring the railroad to conform to the grade of the highway in passing the Caplin premises for 20 rods on either side of the center of the house, and also by the several existing gateways into their fields. The order also requires the track to be laid not nearer than 10 feet from the highway fence in front of the plaintiffs property or to )ass by on the other side of the road. A bond was also required of the defendants to pay all damages which may arise over the issue. These terms were acceptable to defendants and the work on the road will continue.