Injunction On Grade Separation

Fruit and Vinegar Works Claim Right of Way

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OVER ANN ARBOR TRACKS

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Start An Important Injunction ◻Suit against the Ann Arbor Railroad Company

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Another suit growing out of grade separation was commenced in the circuit court Monday. The Ann Arbor Fruit and Vinegar Works commenced suit against the Ann Arbor Railroad company and took out a preliminary injunction restraining the railroad from interfering with their right of way over the company's tracks.

The Fruit and Vinegar Works sets up their ownership of land fronting on the railroad and a right of way across the tracks, which they have used for 15 years and upwards, and also a sidetrack maintained by the railroad. They value their buildings and machinery at upward of $10,000 and claim that the right of way over the railroad is absolutely necessary to their use of their buildings, as the only way for the passage of teams and wagons to and from its plant; that depriving the company of this right of way from First street to their buildings would make the buildings and machinery entirely useless as a manufacturing plant.

The bill sets forth the plans of the railroad to raise its grade by a solid embankment of earth of from 13 to 15 feet in height running along the right of way of the defendants and shutting them out from the street and any possible way of ingress and egress to their buildings.

The officers of the Fruit and Vinegar Works claim to have shown to the railroad officials that to conduct their business it was necessary that their right of way should be protected by a suitable opening or passage way, and to have been informed by them that no such opening would be made.

After stating the tearing up of the sidetracks and other preparations for grade separation, the bill expresses the fear that the planking and passageway now used in passing over the right of way of the railroad may be destroyed and an embankment be raised which will cause the complainant an irreparable loss.

They ask that the railroad be restrained from tearing up the planking, now between the rails, used by the company for passage over the railroad tracks, and from erecting an embankment over the right of way. G. Frank Allmendinger signs the bill as the secretary of the Ann Arbor Fruit and Vinegar Co. and F. E. Jones is their attorney.