Waterbury evening Democrat., 1888-08-02
.EE1pES AND WATERBURY.
The Hearing on The City's Injunction
 Against The Railroad.


 Secretary Rockwell and Engineer Craw ford represented the Meriden, Waterbury eS Connecticut River railroad in the district court this morning, and aldermen Kelly, Rametti, French and O'Rourke, II. Ii. Peck, A. s Chase, Selectman Boughton and many other interested citizens were present to represent the city. The action was brought to restrain the railroad company from pla- cing the posts of their bridge over South Main street within the street lines, or in any way allow them to blockade the street
 City Attorney Terry explained that the posts were to be fourteen inches square, and when set at the curb line will project fourteen inches into the sidewalk, and will be great nuisances He claimed that the railroad commissioners had no power to grant the company leave to obstruct the streets of any city town, and that they exceeded their jurisdiction. He said the posts at curb line were not absolutely nec- essary for public convenience and safety. Further the railroad commissioners are not the tribunal to pass on these things. The railroad commissioners are allowed to raise, lower, or change the location of street, but cannot in any way obstruct it.
 Attorney Kellogg said that last year the town built new bridge over Mad river with a driveway of twenty-nine feet. A
  bridge is to cross diagonally, and at that place the street is thirty-six feet wide. Since the bridge crosses diagonally much longer repair is needed and if the posts are to be placed back the cost of the bridge would be very much increased. There is no intention on the part of the city to widen the street The city is full of Instructions great deal larger than these posts are.
 City Engineer Weld swore as to the layout of the street by the city. The street is forty nine and one-half feet wide, with sidewalks six and one-half feet wide on west side, leaving a roadway of thirty five and one-half feet. Benedict bridge is fifty feet wide and the driveway is twenty-nine feet. He did not 1 think public necessity or convenience de manded that the posts be placed at the curb line. They would by no means in crease safety. There is, no difficulty in placing the posts outside "the street lines. | It would cost not more than S1 ,O0O more The street is the main thoroughfare of the city The sidewalks at present do not begin to accommodate the crowd working in the factories whereabouts.
 It was brought out ill the cross-eXamina ton that if the pillars were put on the fence line if the street were widened the pillars would come in the middle of the sidewalks.
 Alderman French said that in his opinion the posts would add nothing to public safety, nor does public safety and con venence require it.
 Road Commissioner Goodwin, who i foreman at the button shop, knows tn, locality we'll. He thought the pillars would be a great obstruction. The telegraph 1s.wl4 F1, not ask any permission to set their posts
 Mayor Boughton testified to the sam effect Attorney Kellogg tried to gibe tn mayor, but the latter said to him, ''l an fighting against this on account of m. interest in the city's welfare. You ar doing it for fees. This is all tn business you have had this summer"