27

THREE TRACKS MAY BE LAID

SHEEDY AND THE LINCOLN CITY ELECTRIC

Judge Field Decrees That the Injunction Heretofore Granted Shall be Dissolved

Charles A. Johnson of Emerald COmpromises With the Union Pacific on $400 Cases in Equity and Law

Appeals to the Supreme Court

Judge Field yesterday entered judgement in the cases of John Firzgerald as Mary Sheedy, decreased, against Lincoln City Electric, and the Capital Heights Street Railway companies.

It will be remembered that Hohn Sheedy [?] suit last December against the Lincoln City Electric company, praying for an injunction to prevent the company, praying for an injunction to prevent the company from tearing up the pav paving on Twelfth street between O and P streets. The injunction was granted, but afterward during the night work then were found on the ground diligently laying track. When officers demanded them to stop that maintained that they were working for another company, the Capital Heights street railway, which also held a franchise giving the privilege of traversing the streets of Lincoln.

Mr.Sheedy at once applied for an order restraining this company also from leaving truck and after a lively chase about the city succeeded about 3 a. m. on Sunday morning in getting a temporary injunction from Judge Field who was awakened from his morning doze for that purposed. After the issuance of two injunctions against the Lincoln City and one against the Capital Heights company a trial was had and the case submitted to the court.

Mr.Sheedy's attorneys alleged that the companies had no valid charter which entitled them to operate cars on any street. They also set up the plea that there were two tracks on the street referred to and that the operation of a third line was contrary to ordinance and would result in great damage to the property.

pending decision of the case John Sheedy was murdered and the case is now in the name of his administrators.

The decree issued yesterday by Judge Field is to the effect that the restraining order heretofore granted in this case be dissolved and that the perpetual injunction prayed for the plaintiff Sheedy is denied and that the defendant have judgement against the plaintiff for costs expended. to this finding attorney of the Sheedy estate filed exceptions and will at once appeal to the supreme court.