The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-03-11
RETAINING WALL
CAUSES DIVISION
City Objects to Paying Railroad
for Erection of One by Side
of Humphrey Street
Extension.
WOULD COST ABOUT $25,O 900
Fellows Case Is Cited as Precedent for
City's Side-Railroad Attorneys
Also Cite Legal Decisions
on Their Side.

Another chapter in the Humphrey
street extension matter at the Cedar
Hill station was in order yesterday be-
fore Judge Alberto T. Roraback in the
superior court During the afternoon
the judge led a personally conducted"
tour over to the place in question in
Fair Haven where the whole matter
under discussion was looked over care
fully for a half hour. In the judges
party We're the attorneys of the rail-
road company and of the city. Cor
poration Counsel Rogers yesterday
made vigorous objections to the claim
Of the road that it should be reem-
bursed with damages for what 1t will
have to pay to build retaining wall
which shall keep the old shore line
tracks which now run to the factory
of the National Folding Box company
from falling into the new Humphrey
street extension when 1t is built on a
grade seventeen feet below the present
one. The corporation counsel cited
many cases as precedents for his be-
lief. notably that of the Fellows prop
erty on Whitney avenue corner of
Humphrey street. The road, through
its attorneys as vigorously insisted on
its point and 1t was we'll after o.
clock when the judge closed the case
and took the papers.
Mr.. Rogers admitted yesterday that
a retaining wall would have to be
built If the use of the tracks in ques-
ton was to be continued. But he in
sisted that the city should not be call
ed upon to pay for the retaining wall.
which alone will make the continuance
of the TRACKS possible. If they are for
the company's use alone.
AS City Engineer Kelly was put on
the stand and testified that the retain
ing wall would easily cost $4,000 and
that is the amount asked for the wall
by the railroad company, both sides in
the application for relief are agreed
on the cost question.
An effort was made yesterday by
the city to show that the damages
asked for the station by the road were
excessive. Mr.. Rogers put Donald G..
Carmichael on the stand and he testi-
fed that he would be willing to dupli-
cate the station to-day when prices are
very high for building materials. for
$500 The road put in evidence vouch-
ers which were made out at the time
that the station was built. They show
ed that the building had cost the rail-
road s7,i62.
Just before the arguments were be-
gun the court adjourned to allow all
hands to go out to Fair Haven and
look over the situation thoroughly.
That was at o'clock. The court and
the lawyers did not return until after
o'clock.
Assistant Counsel Benjamin l. Spock
of the road began the arguments. He
was followed by Mr. Rogers, whose
contentious were that the city could
not rightly be called on 20 pay for the
retaining wall and that the price ask
ed by the road for the station building
was too large. In reference to the lat
ter matter he SAID that at a recent sale
Of +he ground on which is the National
Folding Box company the price Der
square foot was not nearly so great
as that asked by the railroad for its
condemned property where the Cedar
Hill station stands not many feet
away Prices of almost arjacent prop
fCOntioued ON Sepopd Pace