The Bridgeport evening farmer., 1912-02-01
ROAD FIGHTS
 ON CROSSINGS
Representatives Admit MunSOn Street Should be Improved,
 But No Others
COMMISSION SEES THEM
Corporation Counsel Insists on old Contract, But Road Attorney De- cIares That is Matter For the
 Courts.

New Haven, Feb. That the New Haven road is bound by the contract contained in the charter of the old Pennington Canal Company to provide suitable bridges over their tracks on the Canal division within the limits of the city was the claim made by Corpora tion Counsel Charles K;einer at the renewal of the hearing before the Public Utilities Commission in city hall here, yesterday afternoon.
 If this claim can be legally sub stantiated it will mean that the city may possibly be ab Q to force the road to put bridges over all it's crossings in the Ninth Ward by civil suit, If the Public Utilities Commission fails to act favorably on the petition
 The petition at present before the Utilities Commission asks only to have the various crossings in the Ninth Ward protected by gates and flagmen throughout the day and night. The hearing before the Utilities Commis- sion was closed about , o'clock yes terday afternoon, after arguments by MT. K einer, who represented the city, and Benjamin I. Spock. representing the railroad. During the af ernoon the commissioners made an au omo- bile trip through the Ninth Ward and visited all the crossings which are claimed to be dangerous
 MT. Kleiner reasoned in his argu- ment that the road in acquiring the holding of the old Canal Company made itself liable for all it's ob iga Company directed that the company must provide bridges for all streets which they cut off and for all streets put through in the future. He point ed out that this was quite distinct from the general statute provisions which provide for the abolition of grade crossings where the traffic preme court decisions in support of his claim
 If this contract exists, as you claim, in the charter of the o d F'armington company, and binds the railroad, why is it necessary for us to act on the matter or pass any order?" asked MT. Higgins, chairman of the commission live up to the contract through the courts?''
 'Srhere is a question, gentlemen answered MT. KIeiner, whether the would not prevent this The act seems to give you absolute powers over this sort Of question"
 t'The statement of MT. Kleiner that the city has to go to the Utilities Commission to enforce a private con tract seems an unusual one, said MT. Spock. He went on to say that if such an obligation existed the city should fight it out in the courts He said also that he didn't see how 1t could be brought into this matter as the city had made no ment on of any such contract in their petition.
 He went on to say that most actions of this kind against the railroad were actuated by the mistaken be-ief that a pedestrian does not need to take any precautions. He pointed out that the courts have ruled that the pedes- trian has to exercise reasonable amount of care, and that the care he exercises must be greater or less, as the position in which he or she finds himself is more or less dangerous He said he didn't think gates were as much a protection as flagmen.
 Mir Spock admitted that there was one crossing that on Munson street, which should be better protected, but cIa med that there were no others The Munson street crossing doesn't have a flagman until o'clock in the morning. From 6 o'clock until 2 o'clock, when it is unprotected, it is crossed by thousands of workmen on the way to the Winchester factory.