Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-07-21
RAILROAD NOTES.
Claim OF Forty Thousand Dollars
Now Being Heard-Safety for

RAILROAD NOTES.
Now Being Heard-Safety for
Observation-Disclosures New Depot
An Important Decision Yesterday
by Judge Hall.
T. Baker Of Norwalk and P. Coughlin
and Attorney Howard W. Knapp of Bridge
port, the appraisers appointed to determine
upon the amount of damages which should
be paid by the Consolidated Railroad COM
pany to jeremiah Toomey of Fairfield, on
account of condemnation of the latters
property, were taking testimony yester-
day. Toomey claims $4,000. Benjamin
B. Belts, Albert Turney, Charles French,
William Burr, David b. and Nellie Sher-
wood, all of Fairfield, and Captain Benja-
min BulkeleX of Southport, appeared as
witnesses for the railroad company, and
valued the property at about $40, 000
Toomey's witnesses will testify to-day. It
is said that the company has offered to
compromise on 1000.
The Consolidated road is equipping its
freight cars throughout with the safety,
lf-acting Janney couplers. The work
has been going on for some time, and al
| ready large number of the cars have
been fitted out with the sensible and life
| saving device, which is used at present on
the cars of the Pennsylvania railroad.
Roads all over the country are coming
more or less rapidly to the use of the
| safety coupler, in place of the device that
sends man between the cars, and SO often
| sends him from there to eternity.
Judge Robinson of the superior court
| has given his decision in the case of Frank
Slavin against the Consolidated road,
suit brought to recover SIC, 900 damages
| from the road for injuries received by the
plaintiff while in the employ of the road
as brakeman. Judgment was rendered
| for the plaintiff in the sum Of $50.
Work has been commenced on the super
| structure of the new depot on the north
side Of the tracks at Southport. The build
/ ing is to be of wood, much to the disap-
| pointment of Southport residents, who ex-
| pected that the depot was to be built of
stone, like those on the lower part of the
| line in New York state.
BRIDGEPORT. July 20.-Judge F. B. Hall
| to-day handed down decision dissolving
the temporary injunction obtained by
Austin Jennings of Greens Farms, restrain
| ing the Consolidated railroad company
strip of land adjoining property owned by
him. The railroad claimed that the land
was public property, and Jennings claimed
that it was owned by him. Judge Hall
says that the proper place for the title to
be determined is in court of equity. In
passing upon the subject, he says:
defendants expressed their willingness
to pay to the true owner the value of said
land and to give bonds to secure payment
to the plaintiff, in case it should be decid-
ed that he is the owner. It appeared up
on the hearing that the town authorities
made no objection to the use of said land
by the defendant for said railroad pur-
poses.
"First, think that by the agreement
made by counsel at the time of the hearing
before the appraisers, it was by both par
| ties intended to be understood that there
was serious question concerning the
plaintiffs title to this alleged public land,
and that that question would have to be
| settled by the court.
"Second, From the evidence presented
! upon the hearing and from an inspection
of the place, am satisfied that there is
such ground for dispute, whether the
| plaintiff has, either by deed or adverse oc-
cupancy, acquired a title to the land lying
east of his said fence, and whether said
| land is public or private that the defend
ant ought not to be compelled to recognize
the plaintiffs alleged title until said ques-
| tions can be presented to court.
The location, character and dimensions
of his enclosed tract would seem to indi-
| cate that it was intended to be used by the
people.
From time immsmorial this tract has
| been known and called public green or
public common or public highway and
| not private property.
The public, as occasion required, have
treated and used this entire tract as public
In 1868 the town of Westport conveyed
to the railroad company for railroad sta
| ton and approaches thereto part of this
| tract of land, and considerable portion
of the part which the plaintiff claims to
| own. The defendant company have with
out objection ever since that date main
| tanned their railroad station upon the land
in question, and it appears, SO far as they
| have had occasion to, they have used
the tract so conveyed to them by the town
| for the purpose for which it was decided to
| them.
But it is said that if this is public prop
erty the plaintiff is entitled to an injunc-
| ton until damages are paid to him by the
defendant. do not understand that the
| plaintiff, either as a witness or by the Ian
guage of his complaint, has claimed dam
| ages upon that ground, or upon any other
ground than that the land in question is
| property, over which neither the town nor
| the public have any control.
In view of the foregoing facts and of the
| Importance to the public of the work in
| which the defendants are engaged, and
that there is no danger that the plaintiff
| will sustain any loss or serious inconven-
fence, by delay until the decision of the
court, of the payment to him of such dam
ages as may be found due him, I think the
temporary. injunction should be dissolved