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Subject: [NY-TROY-IRISH-GENSOC] Shyne,DeGroot,Gleason,Hassam,Roche,Howard
Date: Sun, 9 Aug 2009 07:39:30 EDT

Friday August 7, 2009TroyRecord Article 100years ago Saturday, Aug. 7,
1909. "The city of Troy and the United Traction Company go to court today to
argue out a dispute over paving rights on Congress Street, The Record
reports.United Traction, which provides the city’s streetcar service,seeks to
overturn an injunction restraining it from paving the strip of Congress that
extends between its car tracks and a foot outward on either side of the
tracks. The city secured the injunction after being served with an injunction
itself by William T. Shyne, who seeks to block the city from paving the
remainder of Congress.
Shyne’s suit is widely seen as a nuisance suit instigated by United
Traction itself, with the city’s action taking the form of a tit-for-tat
reprisal. Shyne is represented in court today by Benjamin E. De Groot, who also
represents John H. Gleason & Co. Contracting, the company which was to pave
United Traction’s part of the street. Our reporter adds that De Groot “
indirectly” represents United Traction.The city justifies its injunction
against United Traction by arguing that no paving should be done on Congress
Street until
Shyne’s suit against the city and its contractor, Hassam Paving, is
settled. In court today, De Groot argues that Gleason & Co. and United Traction
are “strangers” to the suit between Shyne and the city and had been “
improperly made parties to it.”No one else takes De Groot’s claim seriously.
Hassam Paving’s counsel, William J.Roche, calls the claim that United Traction
has nothing to do with the Shyne suit “merely hot weather vagary.” He
contends that Shyne “was but the nominal plaintiff” in that suit,while “the
United Traction company and Gleason & Co. [are] the real plaintiffs.”Justice
Wesley O. Howard himself says that “It strikes me as absurd [for De Groot]
to ask such a thing.” He tells De Groot that “There is no merit in your
position.
“You will have to do one of two things. You must either get those
strangers to agree that the modified injunction restraining all concerned shall
stand until the original order is disposed of on its merits, or I’ll vacate
the original injunction restraining the Hassam company and the city.” After
consulting with an
attorney for Gleason & Co., De Groot drops his challenge to the modified
injunction. He then asks for a delay in arguing the case itself. The court
grants him a one-week adjournment."

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