The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-03-03
in AND ABOUT THE COURTS
DECISION HANDED D0WN FROM
SUPREME COURT.

Court of Appeals-Yale's Reply In Tax
Case--Superior Court Gases.
Clerk Anketell of the superior court
received yesterday afternoon from
Chief Justice Andrews of the state SUI
preme court a memorandum of several
decisions just handed down in New Ha-
ven cases. The decisions were as fol-
lows: In the case of the New York,
New Haven and Hartford Railroad
company against the city of New Ha-
ven, no error, opinion by Judge Hall;
Joseph II. Buckley against Daniel f.
Kelly, no error, opinion by Judge Tor
renee; state against ]. I. Kallaher, no
error, opinion by Judge Hall.
T. The case of the New York, New Ha-
ven and Hartford Railroad company
against the city of New Haven is con-
corning the railroad crossings at Hazel
and Ivy streets in the Ninth ward. In
September, 1896. the Consolidated road
for the purpose of preventing the city
from laying planks at the Hazel and
Ivy street crossings secured an injunc-
ton restraining the city from so doing.
A hearing on motion to dissolve this
was argued before Judge Shumway,
who refused to dissolve the injunction.
The railroad company then raised the
question that under the general stat
utes it Is provided that in case a rail-
road company fails to plank a crossing
the proper remedy for the city and for
the mayor or other official of the mu-
nicipality to appeal to the state rail-
road commissioners for an order to
plank the crossing If the city wanted
it done. That question went to the SUI
perior court and Judge Thayer decided
1t in favor of the railroad company.
Corporation Counsel Ely then appealed
to the supreme court and the decision
just handed down atfirms the decision
of Judge Thayer.
A suit is now pending in the superior
court brought by the city to restrain
the railroad company from closing the
two crossings, the question involved
being as to whether or not these streets
are highways.
DIR. WRITTEN LOSES
The decision of the United States
circuit court of appeals In the suit Of
DIR. George e. Written against William
l.. Bennett, executor of the will of TIL
ton E. Doolittle, is against the plain
tiff
DIR. Written was arrested on a bench
warrant with DR. Lee while Attorney
Doolittle was states attorney, but the
case was never brought to trial. DIR.
Written brought suit for damages for
false Imprisonment.
YALE TAX CASE.
In the superior court the reply Of the
Yale corporation in its appeal from as
sessment of the New Haven board OF
assessors has been filed.
Yale denies $50 much. of paragraph
II of the answer as alleges that the
university is not a scientific, literary,
benevolent or ecclesiastic society In the
meaning of section $3.50 Of the statutes,
and that none of the buildings claimed
to be liable to taxation are used exclu
sively for such societies or exclusively
occupied as college buildings" 1t de-
MES the allegation that the halls, Far
nam, Durfee, Lawrence, WEIGH, Van
derbilt, Pierson, White ard Berkeley
are not exclusively occupied as colleges
and that the college derives an income
Of s73.3o6 annually, which exceeds per
cent. upon the investments.
The claim that in October, 1885, Yale
owned real estate, dwelling houses
factories and vacant lots earning a
profit and income in increased values
is denied. The town sets up as fol
lows the values Of the property as di-
vided into classes. First class dormi-
tories, $1,000,000; second class, factories
dwelling houses and vacant lots, $780,
900; third class, college buildings. So
100000; total valuation, 81, 250,0 600 These
valuations are denied. 1t denies also
that the property is held as invest
ment and that 1t is an income produc-
ing property liable to taxation, and
that the buildings referred to are not
used exclusively for college purposes
Yale also denies the allegations of this
town that in 1865 the college put into
effect a plan to induce rich graduates
to donate money for college buildings
producing incomes and to be named af-
ter the donors.