Waterbury evening Democrat., 1904-09-21
R. K. BROWNS SIDEWALK
Judge Cowell Denied Motion for City
 to Remove Blocks.

Judge Cowell in the district court this forenoon heard motion for an order of injunction to make the city keep the sidewalk in front of R. K. BrOWn's property on East Main street clear of paving blocks and railroad ties. Attorney Kellogg appeared for the city and Attorney Wood repre- scented MT Brown. Last week Mir Brown obtained an injunction against the city for this object, and several large piles of blocks and ties were removed from the obstructed side walks, but few days ago the em- ployes of the Connecticut Railway & Lighting Go, which concern is laying a double track on the street, appar- ently forgot all about the Injunction and piled mountains of blocks and ties back again.
 MT Brown complained that his property is liable to suffer, and that his tenants are suffering now. Tn all about 800 feet of sidewalk are ob- structed, and MT Brown held that he is responsible to the city for keeping his property in order and good repair. Attorney Kellogg said MT Brown is not held responsible for an inch of it since a recent amendment was made to the city charter.
 MT Brown asked if he wished to build would he be allowed to obstruet the sidewalks with material as the trolley company is now allowed to do.
 Christopher Strobel was the first witness called and he testified to certain inconyeniences he has been put to on account of the Instructions. He also said that on Saturday and Wednesday evenings about 5000 peo- pie pass the corner of East Main and Exchange place every hour. Ere quently the people are obliged to walk in the street, but that has been impossible since. the trolley company put their working materials and im- plements there.
 Frank A. Davis took measurements of the various piles of Instructions and testified that some of the paving blocks weigh forty pounds.
 Frank Pinney gave similar testi- mony and Charles l.. Rogers, who runs a meat market on the street was a strong witness for MT Brown.
 MT Brown said he considers every one who passes on his sidewalk in great danger since the blocks and ties were piled up there. Some of the piles of stone weigh from 12,O00 to 15,OOO pounds and others 27,00O pounds Some of the sidewalks are made of glass and concrete and there is consequently gravedangerthats such enormous weight would crush them in and probably a great many people passing would get hurt.
 Ut would cost the trolley company very little to remove these piles" said he. ..aThe city seems to take care of the trolley company, but it does not seem to care what expense I will have to go to. Tn a few years these sidewalks will show the effect of this great weight on them now"
 City Engineer Cairns said that to handle the blocks and ties any other way would greatly delay the work, and that there is not the slightest danger to anyone or the sidewalks themselves The strain on the latter he said was not worth considering. There was only one other way to handle the blocks and that was to re- move them and cart them back again, and that would entail great delay and expense Illustrations ill a New York pictorial magazine were introduced, showing excavations for bridge and one entire side of the street taken possession of by the contractor.
 The motion was denied on the grounds that the petitioner has ade auate remedy if he thinks he has suffered damages. That is, lie can bring suit against the city for dam ages ;,
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