Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-12-30
Nlisce1la
NOTICE.


To the Honorable General Assembly Of the State |
Wednesday after the first Monday Of January, |
1891
The petition Of the City Of New Haven respect |
fully represents that.
1, The Housatonic Railroad Company Is q cor |
poration duly created under the laws Of the State
Of Connecticut, having Its principal place Of bust
the lessee of the rights and franchises Of the
New Haven and Derby Railroad Company, cor
State, under a lease for ninety nine sO years
from the 9th day OF July, 1889; and as such
lessee claims to have acquired n she rights and
and Derby Railroad Company.
2. The tracks Of said New Haven and Derby
saW asre0 81 az sie and Hs
certain public highways or streets In said city,
viz: the streets known as Custom House Square,
streets.
5. Said Housatonic Railroad Company, as
lessee as aforesaid. claims to operate said New
Haven and Derby Railroad, with its locomotive
engines and cars, through said city OF New Ha-
ven and over said tracks and across said high
Z. On the 18th day Of December, 1857, the New
Haven and Derby Railroad Company made its
close parts OF said Liberty, Lafayette and hin
Streets. and hearings we're thereafter duly had
Common councii of the city Of New Haven.
claiming that the closing OF said streets would
cause serious damage to owners Of property on
said New Haven and Derby Railroad Company,
unless as q condition Of the approval Of the ap-
plication and location prayed for by. said Com
pany, it should file with the Mayor of the city
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
L award of three disnterested arbitrators ref
psor oP due notice y hh the pa n
such damages. Thereupon the New Haven and
Derby Railroad 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, 1855, the Rail-
ps sa ana f1s ss sssns Sd
| discontinued in accordance with the petition of
and tina. Liberty n street. be carried oven said
der is hereto annexed, marked Exhibit B.
/ May, 1890, certain parties claiming that they
We're entitled to compensation from said New
Haven and Derby Railroad Company for damages
arising from the discontinuance Of said parts Of
said streets, duly presented to the New Haven
and Derby RailrOad Company and the HOnsa
| to their representatives, in accordance with the
provisions of said stipulation, their claims fol
them refused to pay the same, and refused tc
| prepare the necessary papers TO secure any arbi
tration or otherwise to conform to the terms OF
z. Afterwards, on the 9th day of May, 1890
ise aS 81 .
| damages, Luzon b. Morris, John T. Sloan anc
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 2oth Of May, 1890, upon the. appli
cation of your petitioner on behalf OF other suci
| claimants, Luzon B. Morris, John T. Sloan ant
referees by the Honorable Silas A. Robinson,
thereupon gave due notice to the New Haven /
Derby Railroad Company and to the Housatoni
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 he'll
| Haven & Derby Railroad Company and tn
Housetonic Railroad Company, its lessee, a
aforesaid, although duly notified as aforesaid
| failed to make any defense thereto.
Thereafter on the 7th day of November, 1885,
| said arpitrators made their award of 81, 500
damages in favor Of such claimants against sal
New Haven & Derby Railroad Company, togethe
with their fees thereon, amounting to $Ss4 90, an
thereupon, the 18th day of November, 1890, tn
| Court Of Common Council OF the City Of Ney
Haven accepted the report Of said arbitrator
| making of said award, but the New Haven
| Derby Railroad Company and its assignees hav
refused to pay said sums or the aforesaid fees c
s. On the 18th day of November, 1890 the sal
| Court of Common Council ordered that th
Thompson and:O 'Brien be enforced against til
| New Haven & Derby Railroad Company If
should fail to pay the award according to d
ven, and against all persons and corporation
liable for damage caused by the closing Of sal
as should be necessary 70 enforce the said d
cisions made by the said Morris, Sloan, ThomI
O. Your petitioners further represent this
said order for discontinuance of parts of sal
Hill, Liberty and Lafayette streets was in no wa
beneficial to your petitioner or the said sever
y claimants, but was made solely at the reaues
and for the benefit and convenience of said Ne
New Haven Derby Railroad Company and i
lessee, the Housatonic Railroad Company, hay
Virtue Of Which the orsr for sGeh
convenience and safety require that said stree
TO- Your petitioners further say that on q
18th day of July, 1887, William b. Starbuc
Company, who s them hen Claimed TO repSesane
parties holding acontrolling interest in the stot
contract with your petitioner whereby your p
titioner agreed to sell him its two thousal
C2,ooo) shares of Derby Railroad stock and all /
. claims against said Company, and to transit
- said stock and claims to Hon. Samuel E. Merwi
Hon. Luzon B. Morris and Ezekiel G. Stoddar
: lutte property upon the fulillment Of certa
u conditions; all OF which by said contract W
5sg marked sGpyb 81 this
Of that the New Haven & Derby Railroad Compar
To- | should, within one year from said conveyanc
ir dispense with the use of certain grade crossing
i. viz: the grade crossings at Meadow street al
train at night between the hours of II D. m. al
: a. m. and also should remove their station we
Of said West Water street, which would remo'
when the Meadow street and Custom Hou
Square crossings were used by said compan
ceived the assignment of the stock and claims
| aforesaid, from said trustees, and thereby a
qured a controlling interest in the stock Of sa
stock and claims were delivered. that the runnir
4 of trains on said grade crossings should be d
continued, and the stipulation therefore as afor
said, were not complied with
Is. Thereafter and up to the present time. u
| New Haven & Derby Railroad Company and
lessees have continued to run their trains
grade across said crossings at Meadow and We
the hours Of the day in violation q said CON,
tons and at great Inconvenience to the publ
and with Great risk s G to human d life; ,,,c,
a of New Haven and the Mayor OF said city ha
W repeatedly applied TO said New Haven & DER
road Company, its lessee, as Aforesaid, TO COZ
ply with the terms Of said agreement and
u comply with said conditions, but they and ca
OF them have utterly failed and refused so TO d
es II. Thereafter, and ON the 9th day Of Septel
Der, 1889, the Court of Common Council pass
I the city OF New Haven 10 take such action
should compel said New Haven s Derby Railro
re the 18th day Of October. $50 the Court Of Co
ne mon Council OF said city unanimously grant
permission to the MAYOR q ne CITY 9. New ss =
session Of the General Assembly as should eau
d the New Haven & Derby Railroad Company
Aforesaid and to comply with said conditions
Your petitioners therefore pray for the pasxa
of special act by your honorable body, col
l. polling the corporation or corporations having
claiming TO have the right to operate the ira
of the New Haven & Derby Railroad Compa
through the City of New Haven and across I
streets Aforesaid, namely, Custom House SQusi
Hill, Liberty, Lafayette, West Water and Mead,
streets, to bridge each OF said streets AZ the
pense OF said corporations. and to build and 4
n ever thereafter maintain suitable bridges a
| approaches across each OF said streets, and
such other and further relief as your honoral
- body may deem expedient in the premises A
Il your petitioners will ever pray.
c. THE CITY OF NEW HAVEN.
:. By WILLIAM K TOWNSEND,
ue Corporatio-- Counsel