Show COURT JABS JABS n COUNCILMEN CHUN Judge Howell in Decision Points Out i Bad Condition of Sixteenth Street Judge J A Howell in the district court yesterday ye handed down dow a decision in the matter of t Gus Braun et al against the Ogden Rapid Transit company in which a decree In favor of the company is 15 given This action was brought to pre prevent prevent prevent vent the thC transit people from laying a double track on Sixteenth street or Can Canyon yon yen road on OR account of the narrowness of the street t The court in III Its decision goes outside of the case calle at bar br to say that the people at large la e have a serious grievance against th the city in connection with this matter for the Improper grade fixed upon this street The court says it Jt seems to the court then considering the facts found in this case ease in the light of or the principles laid down by our su an supreme supreme preme court in the c case s of Dooly Block vs Rapid Transit company 9 U L 31 that the plaintiffs have hac no just complaint against the defendant because of its lay ing tug additional an street car track along this street providing the rails do not flOt project above the grade of the street and the space between the tracks is leveled up to the grade graIe and en elUte either side of the ties and so maintained st and it is therefore unnecessary to determine whether or not the plaintiffs have pur pursued pursued sued the t e proper remedy herein But while the city Is not a II party part to this action the court deems it proper to say that these plaintiffs and the at large lar e have a serious grievance against the city cit because of the laying laing of o this ad additional additional additional track Not ot satisfied with grant granting granting granting ing a franchise for a R double track on such a narrow street which notwithstanding notwithstanding notwithstanding standing its legal right to do 10 so 80 was WS of doubtful propriety It fixed by its city en engineer engineer e the grade of the street at atter p ter tel more than a foot above the gr the street at atthe the curb on either t lher sI u still higher above the old level of the street the result being bein that there is a decided jump off outside the ties of the th defendant and therefore any hazard hazar to the abutters or the general public travel Ing In on oil this street strEit in vehicles is directly caused by this condition of the street and not even remotely by b the existence of the two tracks In question Certainly the city having permitted the defendant to lay la these tracks and having such grades owes a moral mora if not a legal duty to the owners of property along this street and to the general public to im immediately immediately mediately level lev that portion of the street outside the t street car tracks to grade and to maintain It in that condition so that it will be suitable for the public travel upon It it being for the time being be because because because cause of the washing out of the bridge across the Ogden river at the mouth of the canyon anyon the main thoroughfare be tween Ogden city and Ogden valley va JI e and it being at all times one olle of the most most im portent highways in the community court does not nol deem it necessary to 10 o advert further f to this subject nit ing that hat the city will perform this duty almost sacred in its character |