The Bridgeport evening farmer., 1912-07-27
MACDONALD OvERLOOKS
 CITIZENS OPPOSITION
Rather Expected. by Many-FuII Memos in Decisions in Schlaet- Jennings Suit and Also in Lat
 est Compo Beach Suits.
WESTPORT

Westport, July 27.-As was expected, the Connecticut Co. again comes out first in it's most recent tilt with the town. After visiting the location of the proposed Marvin switch. State
 ilghWay Commissioner James M.
 Macdonald came through vesferdav With his decision which gives pernis- Ston to the trolley company to place the switch. This in view of the great opposition of the citizens of the town.
 There are very few people around
 Westport who can see the need of the switch: It is rumored that the trolley company at not far distant date will run cars into Westport both from Brldgeport and NorWalk on a thirty ~lldlnuLe ~ Schedule. If such is the pro- cedure the new switch will be neces- sary: A part of Commissioner Mac donald's communication to the Conn. Co; in the matter follows: Granted With the usual restrictions, the state reserves all rights relative to the character of the pavements, the grades to be established in conformity with the work that is to be done by the state at this point. When the work is commenced, later on, a permit will be made out to govern the character of the work under the specifications to be furnished. It is hereby under stood that in event of relocation of the tracks from the side of the road,
 this decision will not in any way abridge the rights of the state to make said change when it is found neces. sary to do so. Care shall be taken that entrances to houses are properly protected, and that the interests of the street at this corner shall be paved
 with wood block or brick as the inter- ests of all parties concerned may ap- pear. In all other respects the changes
 shall be made in accordance with the specifications. The state in this Re-. cision does not relinquish its right to make changes in the future, where the interests of the travelling public
 suggest there shall be a change
 Judge Horace B. Scott in the Conn., mon Pleas court, civil side. has found for the plaintiff in the suit of Arnold and Annette Schiaet, residents of Greens Farms, against former Select the plaintiffs $10 and costs. The suit grew out of the tearing down of a por- tion of the Schlaet fence which the selectmen alleged was upon town property. The Schlaets immediately brought suit for $500. Judge Scott in the memorandum of decision writes:
 All of the issues are found in favor of the plaintiffs except allegation of the complaint that Annette Vail Schlaet is the owner of the tract de- scribed upon which no finding is made. The complaint, as amended, alleges that Mrs. Schlaet owned and was in possession of the ground upon which the fence stood, which the de- fendant tore down. Possession alone is sufficient to sustain this action againstgthe defendant 2 unless i,he al- leges and proves some justification for his act. The plaintiff occupied the premises, claiming ownership under a deed and her possession could not law fully be disturbed by casual in- truder. The amended answer sets up as Justification that the fence stood upon public highway, town common or public beach, and that the defend ant removed it, in the performance of his duty as seIectman, because it was an encrOachment and a nuisance. In view Of the defendants brief, it should be remarked. that there is no allega tion that the defendant had a right to perform the act or did perform the act, in his private capacity, nor is there any allegation that the town not proved that the fence stood upon the highway, a public beach or town common. Neither has he proved that he removed the fence in the perform ance of his duty as selectman. The Board of Seleetmen consisted of three members who never passed vote to i remove the fence. Apparently the de- fendant, impat atient at the unwilling ness of his associates to take action and encouraged by the sympathy of
 
 ing of citizens, decided to act upon his own responsibility. There was no necessity for haste or violence and | the ownership of the land east of the 1 highway (which was the real question | at issue) was so doubtful that an ap- | propriate action to settle title should 1 have been brought to the proper court, 1 if there was to be contest. In my l opinion the defendant can not defend | successfully under the statutes by his counsel. I have not attempted to pass upon the question of title of the plain tiff, because she can recover against l the defendant in this eaction even if she has not an unassailable title as against all others, and mo decision I could render on that point would set tie the title"
 A memorandum of decision has alsol been filed with Clerk Lockwood of the 1 Common Pleas cuurt in the suit of Homer S. Beers and others against Lewis P. Wakeman, Robert H. Co1ey and Merrill H. Cooley, former select 1 men of the town. This is another suit l which grew out of the tearing down of te> Compo Beach bath houses In l these suits the plaintiffs asked for damages of $250 for the destruction of their property. The memorandum fol- l lows: 'tIn the above entitled action, | judgment is rendered in favor of the 1 defendants, with costs. The following issues were found in favor of the l plaintiff, to wit, all of those presented l by the complaint except the allega- ton that the defendants acted with out color of right: the issues present 1 ed in the answer that Compo Beach l was a public beach, and that it was a town common. all of the remaining 1 issues are found in favor of the de- 1 fendants." The bath houses were torn l down by order of the seleetmen in | August, 1909 The plaintiffs have ap- pealed from this decision. | George Boyden. former principal of the high school, yesterday removed his | household goods to his new home in 1 Worcester, Mass He is to be the in- l structor of English at the Worcester 1 High school
 A tournament is being played this 1 afternoon at the Westport Golf club l grounds to determine what handicaps l shall be given the members Every | Saturday afternoon for the remainder ! of the season contests will be held l with prizes for the winners.
 Mrs. Angus P. McDonall and daugh- l ter. Lucille have returned to their l home in Terrace Heights after spend | ing several weeks in Chicago and oth- | CT western cities.
 Mrs E. $. Beck and children of Brooklyn are the guests of Mrs Beck's | mother, Mrs. c. B. Dolge, of State l street.
 The WeStDortS eo to Fairfield to- l