Morning journal and courier., 1890-12-31
aliscella,reoms.
NOTICE.


 New Haven and Derby Railroad Company, e cor ,oration duly created under the laws of said rom the sth day of July, Iss9; and as such essee claims to have acquired all the rights and md Derby Railroad Company. 2. The tracks of said New Haven and Derby Railroad company are laid through the city of New Haven so as to intersect and cross ct grade certain public highways or streets in said city, rig: the streets known as Custom House Square, Hill, Liberty, Lafayette, West Water and Meadow g. Said Housatonic Railroad Company, as essee as aforesaid. claims to operate said New sngines and cars, through said city of New Ha- Fen and over said tracks and across said high ways at grade.
 Haven and Derby Railroad Company made its application to the Railroad Commissioners to close parts of said Liberty, Lafayette and HUI thereon in the city of New Haven. The Court of Common Council of the city of New Haven, claiming that the closing of said streets would and near said streets. opposed the application of said New Haven and Derby Railroad Company, plication and location prayed for by. said Com pany, it should file with the Mayor of the city a written stipulation under seal to refer any claims made by any party against said Company for damages arising from the discontinuance of said parts of said streets to the final decision and award of three disinterested arbitrators or ref erees, to be appointed by any judge of the Su- perior Court, on due notice to the party claiming Derby RaiiFoad Company, in accordance with said resolution, filed such stipulation, copy of which is hereto annexed, marked Exhibit A,
 5. On the 18th day of October, 1SSs. the Rail- road Commissioners. after due hearing. ordered that parts of said Hill and Lafayette streets be said New Haven and Derby Railroad Company, and that Liberty street be carried over said tracks of said company. A copy of the said or der is hereto annexed, marked Exhibit B.
 6. Afterwards, and prior to the Eth day of May, lss0, certain parties claiming that they were enea d yv .1 For da arising from the discontinuance of said parts of said streets, duly presented to the New Haven tonic @ Railroad Company, lessee as aforesaid, and to their representatives, in accordance with the such damages; but said companies and each of them refused to pay the same, and refused to prepare the necessary papers 70 secure any arol, said stipulation.
 upon the application of your petitioner on behalf of said claimants and of others claiming like damages, Luzon B. Morris, John T. Sloan and Sherwood s. Thompson were appointed arbitra- tors or referees by the Honorable Silas A. Robin son. a judge of the Superior Court, and after wards. on the 20th of May, 1890, upon the appli cation Of your petitioner on behalf or S Stner such Thomas OBrien were appointed arbitrators or referees by the Honorable Silas A. Robinson, a fhereupon gave due notice to the New Haven & Derby Railroad Company and to the HousatoniC allrOaQCOQlpany, lessee. as alOreSalQdnO Inell counsel, of their appointment. and of the time: when and places where they would hear the par ties in interest and pursuant to said notices helt Haven S Derby Railroad Company and thu Housatonic Railroad Company, it's lessee a: aforesaid, although duly notified as aforesaid failed to make any defense thereto.
 Thereafter, on the 7th day of November, 1890 said arpitrators made their award of S2a. .s67.o O damages in favor of such claimants against saiC New Haven & Derby Railroad Company, ,togethe with their fees thereon, amounting to $3S4 % ana thereupon. on the 1eth day of November, 1890, tn Court of Common Council of the City of New Haven accepted the report of said arbitrators More than thirty days have elapsed since tn making of said award, but the New Haven Derby Railroad Company and its assignees hay refused to pay said sums or the aforesaid fees O | the arbitrators.
 | Court of Common Council ordered that tn | awards and decisions of said Morris Sloan | New Haven & Derby Railroad Company if i | should fail to pay the award according to tn | terms of the contract with the City of New Ha ven, and against all persons and corporation | liable for damage caused by the closing of sai | streets, and that such legislation be prayed fo as should be necessary to enforce the said de | son and O'Brien.
 | 9. Your petitioners further represent tha | said order for discontinuance of parts of sai | Hill, Liberty and Lafayette streets was in no wa beneficial to your petitioner or the said severs | claimants, but was made solely at the reaues Il and for the benefit and convenience of said Nel Haven & Derby Railroad Company; that sai New Haven Derby Railroad Company and il utterly failed to comply with the sfipuIation b | virtue of which the order for such discoutini ance was obtained; and that public necessit,! should be again opened to the public
 10. Your petitioners further say that on u President Pres S of the Kew Haven & Derby Railros Company, who then claimed to represent n parties holding aeonsrelling interest in the stoc | contract with your petitioner whereby your D titioner agreed to sell him its two thousan claims against said Company, and to transf, | said stock and claims to Hon. Samuel E. Merwi
 Hon. Luzon B. Morris and Ezekiel G. Stoddar | trustees, for delivery to him as his abs | lute property upon the fulhllment of certa
 conditions; all of which by said contract vi
 hereto mSfs 5ag aGneIed. spd marked Exhibit M S "A
 Il. Among the conditions therein named vi | that the New Haven & Derby Railroad Compar
 dispense with the use of certain grade crossing | viz: the grade crossings at Meadow street ar | train at night between the hours of II p m ar | a. m. and also should remove their station we | of said West Water street, which would reno | the necessity for crossing said street exec when the Meadow street and Custom Hou | Square crossings were used by said compan Said William H. Starbuck subsequently duly T
 aforesaid, from said trustees, and thereby 5 | quired controlling interest in the stock of sa
 stock and claims were delivered, that the runnil
 of trains on said grade crossings should be d continued, and the stipulation therefore as afoi
 i2 Thereafter and up to the present time, t
 New Haven & Derby Railroad Company and
 es ss;d rssns ss MaaT ,sd y Water streets and Custom House Square duri
 the hours of the day in violation of said con
 and with great risk to human life
 IS. The Court of Common Council of the Ci
 repeatedly applied to said Kew Haven S Der
 Railroad Company and to said Housatonic R. road Company. its lessee, as aforesaid, to co
 comply with said conditions, but they and ca
 of them have utterly failed and refused so to ' i4. Thereafter, and outhe 9th day of Septe !, Der, 1889, the Court of Common Council pass 7 an order instructing the Corporation Counsel
 the City of New Haven to take such action should compel said New Haven & Derby Railro
 Company to comply with said contract; and | the 18th day of October, lsg0, the Court of Go
 permission to I the T Msycs of the cisy of New S'i
 ven to procure such legislation from the ne
 session Of the General Assembly as should eau | the New Haven & Derby Railroad Company
 carry out the stipulation made in the coufrs | aforesaid and to comply with said conditions.
 Your petitioners theretore pray for the passa
 polling the corporation or corporations having
 claiming to have the right to operate the tra r through the City of New Haven and across | - | streets aforesaid. namely, Custom House Spun Hill, Liberty, Lafayette, West Water and Mead
 streets. to bridge each of said streets at the , | pense of said corporations and to build and [
 ever thereafter maintain suitable bridges a | approaches across each of said streets, and 1 :. | such other and further relief as your honoral T body may deem expedient in the premises l your petitioners will ever pray.
 + THE CITY oF'NEw HAVEN,
 By WILLIAM K TOWNSEND,
 Corporation Counsel | his deputy, and to the Sheriff of the County Fairfield, or his deputy, Greeting:
 By authority of the State of Connecticut, ' | are hereby commanded to summon the Hou
 tonic Railroad Company and the New Haven . created under the laws of said State. to appc before the General Assembly of the Stafe Connecticut at the next session thereof, to
 first first Monday of January, isoi. to wif to I spp. on the Sth day of January, 1se1, then and there
 show cause, if any they have, why the prayer
 the foregoing petition should not be granted.
 Commissioner of the Superior Court for N
 Haven County.
 Upon the foregoing application of the City | me, judge of the Superior Court. that the |
 verse party therein mentioned may consist
 Ordered, That notice of this application | given by service of the foregoing applicati | citation, and of this order at least twelve d
 before January sth, 1891, by proper officer, a
 to said Sth day of January, 1891, at least tn
 times in at least two daily newspapers publish
 in New Haven, and one daily newspaper ID AUGUSTUS H. PENN, n Judge of the Superior Court
 The above and foregoing is true copy of original application eis45,1n % and pEdsS of not
 da0st Deputy sheriG for fairfiesd Count,
 FOR SALE,
 AT sMEDLEYS STORAGE WAREHOUSE