6

that damages could only be recovered upon the time of the commence-
ment of said action, and that for damages accruing to petitioner
subsequent to the commencement of said action, another action could
be commenced.
Your petitioner represents that he obtained judgement for dam-
ages up to the said 28th day of March, 1893, for the sum of Three
hundred and Fifty ($350.00) Dollars against said Company. Your
petitioner says that when he attempted to enforce said judgement
against said Company he found said Company wholly insolvent and
all of its property covers with mortgages in an amount far in ex-
cess of the value of said property, thus it will be seen- that the
City had authorised an insolvent Corporation to use the streets of
the City in a manner to destroy the rental value of your petiion-
ers property, and had has no redress except an appeal to your sense
of justice and equity.
Your petitioner says, that he has promptly paid all taxes lev-
ied upon his property either for city purposes or for street im-
provements, and that he has paid a considerable amount for the im-
provement of said Washington Street, while many other property hold-
ers have paid nothing.
He further says that in Section 4, of said Ordinance No1441,
the following provisionis found:-
"Said Grantee, his successors and assigns, in constructing said
Railway, shall not tear up the street or obstruct travel thereon
any further than is unavoidable, and shall or obstruct travel thereon
any further than is unavoidable and shall keep said Railway at all
times in good repair and upon completion of this construction there-
of, and of any repairs thereof, shall leave any street or streets
torn up or obstructed thereby in good condition for travel
(3)