Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1893-08-15
THAT DANGEROUS CROSSING.
The Common Council Votes to Walt
Untn the Appeal Is Heard


Uutn the Appeal is Heard
At the special meeting of the board of
aldermen last night Mayor Webster pre-
sided and there were present Aldermen
Kelley ,Begnal, Altman, Gregory, Barnes
and Vail. On motion of Alderman
Gregory the old police station on Phoenix
commissioners for the use of Phoenix
Engine company, No and the company
was to have immediate possession. A
petition for a grade, sidewalks, curbs
and cutters on South Riverside street
from Bank street to Washington avenue
was referred to the road board. The
board then adjourned to the district
court room, where in joint session the
city attorney explained to the council
the status of the Washington avenue
and West Main street crossings OF the
Naugatuck railroad. Colonel Burpee
stated that he had reported to thu coun-
Gil on the matter last February:
1.-The situation" he continued, has
not changed since. The city first applied
to the railroad commissioners asking
that some protection be provided at the
West Main street crossing and the rail
road also put in an application, referring
more particularly to the Washington
avenue crossing. The commissioners
accepted the railroad compauy's petition
and ordered both crossings over grade,
providing that the railroad company
was to do the work and collect from the
city not to exceed Sc, 900 for the Wash
ington avenue crossing and not to ex-
coed 81, 500 for the West Main street
crossing. The decision was appealed
from by Mr. Terry on account of the I'M
certainty as to the location of union
station. l don't believe it would be.
good policy to withdraw these appeals.
Under the law of 1889, bearing on this
case and which went into force subse-
quently to the time the appeals were
taken, l do not doubt that the.superior
court will order the railroad company to
pay the entire expense. l consider 1t
more advisable to maintain a tiagman
until the appeal is heard. Ii will not be
possible to secure a hearing until the
superior court meets in October. If you
consider it more desirable to withdraw
the appeals l will do so, but cannot
withdraw them in. time to get the raj :
road company to work on the crossings
much quicker than the appeals can be
| tried"
Councilman Fitzpatrick inquired if
the taking OF the appeal by the city did
not make it responsible for the accidents
happening at the crossings. The city
| attorney believed the railroad company
legally responsible, and said further
| that he did not believe any plan in the
| future W ould do away with the tracks
at Washington avenue. General Kellogg
/ remarked that he thought the s., 500,
W hich the city was asked to pay out of
a total expense of $54 200, was not ex-
brilliant and he never could see the
reason for taking the appeal. Alder
man Altman inquired If the railroad
/ company could not appeal again il or
dered to pay the entire cost of elimi-
| Mating those crossings. Attorney Bur
pee was of the opinion that no appeal
/ could be taken. General Kellogg asked
| il the city would withdraw the appeal
if the company would agree to go ahead
with the work. Attorney Burpee re.
piled that he had found the railroad
slow to perform what they had prom
ised. Both branches then adjourned to
their respective chambers.
Alderman Gregory offered the follow.
ing: Voted, that the city attorney be re-
lquested to have the appeals from the
order of the railroad commissioners in
the matters of the West Main street and
Washington avenue crossings heard and
determined in the superior court as soon
As practicable"
| The vote was passed without debate
after which adjournment was taken.
| In the common council Councilman
Fitzpatrick presided in the absence Of
President Hart. The several matterI
passed by the board of aldermen were
concurred in. A communication wa
received from the Waterbury Traction
company declining to accept the condi
ton of a two per cent tax. The com
lmunication was tabled.