New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-02
RAILROAD INTERESTS.
FOR THE CITY, AGAINST THE ROAD.
.1.,r,,xc CLAIM TO PROPERTY WORTH
a, oooo 600 IN THE CENTRE OF PROVIDENCE.

s,-rrrrNG A CLAIM TO PROPERTY WORTH
sl.ooooOo IN THE CENTRE OF PROVIDENCE.
BOSTON. March (speciaD.-The supreme Court Of
pbode Island to-day rendered decision Of great I'M
nortance TO the New York and New England Railway
comnany The decision is IN favor Of the city OF
Irovtdence against the railway. 1t involves more
than million dollars worth of made land In Provi
dence The land is in the heart of the city, ana mas
been used for railroad purposes for forty years inns
land was covered by tide water. In lo4o anu iofo
the Legislature gave the city the privilege OF granting
any railroad right to establish on it depot anu q
site for its track. said grant meaning to mciude '"e
lands covered by the public waters above "ey oose'
Bridge which bridge is the central point III
Providence. On February g. 1852. the haruo'u'
Providence and Fishkn road applied Tor this pr'i
leqe and ii was granted condition that 'Hc .o'
poration should fill in the covered lands anu oonp
The filing in before January, 1857. The roao ocstn
this work but being short of money, co"Pie'eu p'A.
small portion of it, In 1857. the times being haiu
and MANY people being in great distress te Aesis
lature authorized the city to expend suo' nio"e' az
might be necessary for the relief oil tiie pcoPte an" "
employ them in filling in the land, ana Dy 'ils cIort
,he land was made The railroad company was also
re1uired TO build a retaining wall for the ciiannea "
the WomasQuatucket River, when empueu hiIo uc
cove hut an ARRANGEMENT was made whereby tho
ty was 10 build this wall the company giving 10 inc
,nnnicinaltv the money called for by the job They
did not build the wall then nor for many years
Fonr wears ago there an attempt made by the
xovyork and New England. which had succeeded the
Observation-Disclosures and Fishkll. and acquired all
its rights and privileges. to establish its claims TO ths
elled.in land and during the night a gang OF
mon came out and built fence which WAS
n, tbe line of the claimed land. The
city police force tore it down. and for week there
was a police guard maintained day and night, with
instructions 10 arrest any who attempted to re-
nace the fence until an injunction by the court
Slapped all need of that espionage. The case Went
70 the supreme Court. and that tribunal held the
case under advisement for year and quarter
The decision after that long elaboration wac that
there was no grant TO the ra lroad from the city
The road had failed to keep its cement not having
completed the filing The claim that the city had
not built the retaining wall agreed to. was not
10 be held against the city. the tidewater over
the land in question did not wash the filed in por
ton and any damage. As to the plea that the
COMPANY was at the time financially embarrassed.
The court could not take that into account.
The Ncw-YOrk and New England could maintain it's
claims TO strip filed in by the Hartford fishkll
and Providence. but the other and more valuable
territory ged the city to dispose Of for railroad
Purposes This puts into the market ~ 10000 worth
Of real estate in connection with the proposed terminal
ABILITIES Improvements.