Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1890-12-29

II Connecticut. having its principal place OF bust
he lessee Of the rights and franchises Of the
New Haven and Derby Railroad Company, cor
ooration duly created under the laws OF said
rom the 9th day Of July, 1850; and as such
essee claims to have acquired all the rights and
and Derby Railroad Company.
2. The tracks of said New Haven and Derby
SeW Haven SO as to intersect and cross at grade
certain public highways or streets in said city,
viz: the streets known as Custom House Square,
Hill Liberty, Lafayette. West Water and Meadow
streets.
8. Said Housatonic Railroad Company, rs
lessee as aforesaid. claims to operate said New
engines and cars, through said city of New Ha-
ven and over said tracks and across said high |
T. ON the a9th day of December, 1887, the New |
Haven and Derby Railroad Company made its |
close parts Of said Liberty, Lafayette and Hill |
Streets, and hearings were thereafter duly had |
thereon in the city of New Haven. The Court of |
claiming that the closing of said streets would |
cause serious damage to owners OF property on
said New New Haven and Derby Rsiiroad Company.
unless condition of the approval of the ap-
pany, it should file with the Mayor Of the city
written stipulation under seal to refer any claims
Ds any Par from he q said
parts Of said streets to the final decision and
award of three disinterested arbitrators or ref
perior Court on due notice to the party claiming
such damages Thereupon the New Haven and
ssid Syesoiution fled such stipulation. a copy Of
which is hereto annexed, marked Exhibit A
road Commissioners, after due hearing, ordered
that parts of said Hill and Lafayette streets be
discontinued in accordance with the petition OF
said New Haven and Derby Railroad Company.
and that Liberty street be carried over said
tracks Of sad eSRE q he sd Or
6. Afterwards, and prior to the 9Th day OF
May, lsee certain parties claiming ming saa that sney
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 Housa-
tonic Railroad Company, lessee as aforesaid, and
TO their representatives. in accordance with the
provisions of said stipulation, their claims for
such damages; but said companies and each Of
them refused to pay the same. and refused 70
tration or Otherwise 70 conform to the terms Of
said stipulation.
upon the application Of your petitioner on behalf
OF said claimants and Of others claiming Ike
damages Ln,on =. Morris Jonn 4. sloan and
tors or referees by the Honorable Sias A. Robin
son, a Judge OF the Superior Court, and after
eation ~ n YOUR petiiioner on behalf OF other Such
claimants, Luzon B. Morris, John I. sloan and
refepees by ihe Ho s siiss RoSnSon
Judge of the Superior Court and said ar6itrators
Derby Railroad Company a and 70 the Housstonie
ailroadCompany lessee as aforesaid, and 20 their
Ssen and a. paces 1Bere thew Would hear Se mar
ties In interest and, pursuant TO said notices held
| several hearings on said claims; but the New
Housatonic Railroad Company, its lessee. as
aforesaid, although duly notified as aforesaid.
failed to make any defense thereto.
i Thereafter, ON the 7th day OF November, 1890
said aruitrators made their award OF 81. 7.0l
SeM Haven Derby RAILROAD Company SS hsG
with their fees thereon. amounting to SSSs 90 and
thereupon, on the 18th day OF November. 1880 the
i Haven accepted the report Of said afbitrators
Il More than thirty days have elapsed since the
making OF said award, but the New Haven &
refused to pay said sums or the aforesaid ices Of
| Court of Common Council ordered that ths
\ awards and decisions OF said Norris, Sloan
| New Haven & Derby Railroad Company II 1
| should fa.l to pay the award according TO ths
/ terms of the contract with the City OF New Ia
| ven, and against all persons and corporations
| liable for damage caused by the closing OF said
streets, and that such Legislation be prayed fo
cisions made by the said Morris, Sloan, Thomp
.. Your petitioners further represent thai
/ said order for discontinuance Of parts of saiC
Hill, Liberty and Lafayette streets was in no wa,
beneficial to your petitioner or the said severn
and for the benefit and convenience OF said New
Haven & Derby Railroad Company; that sal
Il
lessee, the Housatonic Railroad Company, hav
| utterly failed to comply with the stipulation b.
virtue OF which the order for such discoutinu
should Be again opened to the public s'.'1 'ee'
eS ds SuG Of JUN is william a. stsf Gn q
| President of the New Haven & Derby Rsilroal
parties holding controlling interest in the stoc
| OF said Housatonic RAILROAD Company, made
eoper Seeed to s hm it's sTo r.
| COOP shares Of Derby Railroad stock and all il
| claims against said Company, and to transfe
| said stock and claims to Hon. Samuel Z. Merwin
| Hon. Luzon B. Morris and Ezekiel G. Stoddard
| trustees, for delivery to him as his abso
lutte property upon the fulfillment of certail
hereto ANNEXED, marked Eshibit G.
| that the New Haven & Derby Railroad Compan
| should, within one year from said conveyance
| viz: the grade crossings at Meadow street an
| Custom House Square, aforesaid, except for on
| train at night between the hours of II p. m. an
5a. m. and also should remove their station ives
| OF said West Water street, which would remov
| the necessity for crossing said street excep
| Square crossings were used by said COMPANY
| Said William III. Starbuck subsequently duly n
ceived the assignment of the stock and claims, q
| aforesaid, from said trustees, and thereby az
| qured a controlling interest in the stock of sal
| company, but the said conditions on which sal
OF trains on said grade crossings should be di:
continued, and the stipulation therefore as afort
| said, were not complied with
| IL. Thereafter and up to the present time, tn
| New Haven & Derby Railroad Company and il
lessees have continued to run their trains q
/, | grade across said crossings at Meadow and Yves
| Water streets and Custom House Square durin
| the hours of the day in violation OF said cond
| tons and at great Inconvenience to the public
and with crest risk to human life.
IS. The Court OF Common Council Of the Cit
| of New Haven and the Mayor Of said city hay
| repeatedly applied to said New Haven Derb
/ Railroad Company and to said Housatonic Raj
| ply with the terms Of said agreement and {
comply with said conditions, but they and eac
| OF them have utterly failed and refused so to dc
| Der, 1889, the Court Of Common Council passe
| an order instructing the Corporation Counsel o
| the City Of New Haven to take such action a
| Company to comply with raid contract; and o.
| the 18th day of October, 1880 the Court Of Con
mon Council Of said city unanimously granite
| ven to procure such legislation from the mex
| session Of the General Assembly as should caus
the New Haven Derby Railroad Company c
| carry out the stipulation made in the contrac
| aforesaid and to comply with said conditions.
| Your petitioners therefore pray for the passag
Of q special act by your honorable body, com
| polling the corporation or corporations having o
| claiming to have the right to operate the trac
| of the New Haven & Derby Railroad Compan
| through the City OF New Haven and across tn
| Hnl, Liberty, Lafayette, West Water and Meado1
streets, to bridge each of said streets at the el
| pense Of said corporations, and TO build and fol
| ever thereafter maintain suitable bridges an
approaches across each of said streets, and 70
| such other and further relief as your HONORABLE
body may deem expedient in the premises An
THE CITY oF'NEw HAVEN.
By WILLIAM X. TOWNSEND,
| Corporation Counsel
| his deputy, and to the Sheriff of the County O
Fairfield, or his deputy, Greeting: