Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-01-11
! HAnD FOUGHT BATTLE.

8
AHARD FOUGHT BATTLE.
The Iojuncsion or the Consolidated
Railroad W. she Housatonic ut
BrAdEsport-Promlne Omcials on
the witness Stana-The Hearing
Protracted Until O,clock-Adjourn-
ment Taken Until Evening.
BRnaEPoRr, Conn.,, Jan. 10.-The hearing
for the purpose of dissolving the injunction
served on the Housatonic railroad company
BY the Consolidated road, restraining them
from disturbing their tracks in this city, was
begun before Judge Hall in this city this
morning. b
Stoddsrd, Bishop and Haviland, of this
city, appeared for the Consolidated road
and Judge De Forrest of this city, and Hon,
s. e. Baldwin of New Haven, for the Housa-
tonic.
The hearing was finally opened at 11:30 a.
m. by Goodwin Stoddard, who read the
injunction which was served last Sunday
night at the time the Housatonic employees
were about to replace their switches and take
possession of the Housatonic side tracks
upon Housatonic land situated below the
elevator on Water street. Mr.. Stoddard
asked to make an amendment, introducing
some new points. Mr.. Baldwin objected and
it was ruled out by the court.
Mr.. Baldwin then read q letter addressed
to Charles P. CLARK and written by Manager
Stevenson q year ago, asking for an annual
rsnt of &c. 900 for the use of sidings and use
of land for the two main tracks of the Con-
NJ ,1~x
ever received.
E. M. Reed, vice-president of the Consol-
iaated road, was the first witness called.
| He said the tracks running over the line in
question had remained in their present posi-
! ton since 1886. An average of 1875 trains
| passed over thia point daily. besides a large
amount of switching that had to be done.
The road at this point consisted of two
tracks and siding, which was operated by
feet safety to the travelling public. The Con-
solidated road had operated the tracks at
this point exclusively during the past two
years.
Cross. examined, he said the city OF
Bridgeport ordered them to remove theil
main tracks from Water street at this point
which they did with the consent of the
Housatinio road and acceptance of the Rail-
road Commissioners.
i Charles johnson of New York who de.
signed the block signal system in use on thu
Consolidated road was next called. He ex-
planned the working and effects of the sys
tenn and said he considered the point of road
in dispute very dangerous point without
the block signal system. He gave it as hii
opinion that If cross over track was put ir
at that point it would completely nullify the
signal system In use.
Cross examined he was asked If crosi
over would be dangerous at the point II
question whether the same conditions woulc
not exist at the crossing of the Consolidated
tracks over the Housatonic just north of thu
depot. He said he could not explain becaus,
it was incomplete.
George Bently of New London, practica
railroad builder and operator for the past Al
years, was the next witness who said he wa
familiar with the point of road in question
and considering the number of trains passing
put in a croes over track, and he should moi
desire to take the responsibility if he wer'
manager of the Rousatonic road.
The court then took q recess until tive
O'Clock.
Superintendent w. II. Turner, of the Con
solidated road, the first witness called thi
afternoon, and testified to the number o
trains that passed over the point Of road il
question. He said his road had performed
the switching of cars to and from the eleva
tor near this point for the Housatonic roat
free of charge. He gave as his opiuion tina
the time occupied in each switching woul,
be from ten to fifteen minutes.
B. Nickerssn, freight agent for the Con
solidated road in this city, testified that b
had charge of handling the freight cars au'
was in the habit of switching cars to an
from the elevator twice each day ct moo
and midnight. He usually handled fror
two to three cars for the Housatonic roa
to elevator turnout which stands on th
| property of the latter road. Cross-exam
ined he said the Housatonic road owned tn
key of the elevator switch, but the key wa
In the possession Of the Consolidated roa
yard men.
, Chief Engineer Curtis, of the Consolidate
road was next called with large map gshov
ing the location of the tracks over the dil
puted territory - they existed in 1886 an
J the changes made since.
| Considerable time was taken up in ez
planning the maps and the location of tn
tracks.
Hon. W. D. Bishop. director of the Con
! solidated road and lie former president. wa
next called. He aaid, In reply to question
he was familiar with the arrangements be
tween the two companies for . number {
years. He said he was familiar with til
claims Of the corporations and knew tn
exact location Of the property. Previous {
1885 there had been negotiations between th
Consolidated and Housatonic roads. A
that time the Housatonic road was usin
property of the New Haven road. Fac
were using the property of the other. Sew
eral meetings were held between the tw
companies with view Of making Q settl,
ment snd arrangement for exchange {
property.
Mr.. Bishop. resnming his testimony th
afternoon, said that prior to changing thei
tracks between the depot and South avenu
both the tracks Of the Consolidated an
Housatonic roads were running close togetht
, between the above points, which he consid
cred quite dangerous. At Q meeting of Ii
committee Of both roads IL was agreed ths
the Consolidated road should purchase a
land between the points named, pay all Ian
damages, build docks, shift their tracks eal
. from Water street and maintain the supe
structure, all without expense to the Housi
, tonic road. Each road was also by the sgre
! ment to deed each other one-half interest
dated road owned . strip of land just mort
of the elevator, running from Water street
the harbor, over which the track of the Hon
atomic was laid.
BY agreement made at the time q surve
! Of this property, together with that owne
by the Housatonic road, over which th
0 track of the Consolidated was to be mad
. and the same to be changed In equal propo
tions. Other property was also to be p,
chased by both companies near the depot
In order to lay double tracks in place
the single one formerly used, by which IL
Housatonic company was to convey to tt
Consolidated road the right Of way over i
Nathaniel Wheeler, of this city, also dire,
tor of the Consolidated, one Of the commi
) tee that made the agreement testified to
. Mr. Biahop corroborated the testimonv {