The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1932-04-08
THE CONNECTICUT
LIGHT & POWER co
Seems to Be Winning in
Legal Battle Over
Rights OF Way
FOR ELECTRIC LINES

Another step was taken in the
| matter of the litigation over the
construction of new electric line
| In New Milford this week Wher
Judge Peasley filed a decision ir
| the superior court for LitchfielG
county on certain motions made by
The Connecticut Light and Power
Company and addressed to the in.
| junction complaints.
In these cases The Connecticut
Light and Power company wished
to construct a new electric trans.
mission line over Long Mountain
which lies in New Milford, for the
sake of getting increased service
to Waterbury and other towns in
this part of the state. 1t could not
agree with the owners of the land
as to the price to be paid and con-
sequently brought condemnation
proceedings which were determined
in its favor and the amounts
awarded were deposited with the
treasurer of Litchfield county and
the line constructed and complet-
ed.
Later some six or seven of the
landowners whose property had
been taken brought injunction pro-
ceedings against The Connecticut
Light and Power company asking
damages and an injunction to pre-
vent the company from building
and operating this line. Among the
allegations in this complaint were
certain ones to the effect that the
charter of the company was void
! and also that the committee which
assessed damages made SO many
errors that their report was voit
and that the whole procedure wal
d denial of the plaintiffs allega
lions on the ground that they weri
knot allegations of fact but merel.
legal conclusions which had NJ
place in the complaint and tina
the plaintiffs should set forth VIII!
the charter was void, what error!
Of the committee were so grea1
that they made the award of nc
value and what constitutions
rights of the plaintiffs were denied
The defendant also asked that the
various errors which the plain.
lifts said the committee made be
set forth in full so that they could
reply to them. These motions were
argued at length before Judge
Peasley about a month ago by
william E. Thoms of Carmody &
Thoms for The Connecticut Light
and Power company and Nathaniel
X. Bronson of Bronson, Lewis &
Bronson for the landowners. Pro-
lessor Levitt is also counsel for the
landowners in these cases but was
not present at the time of the
argument of the motion.
In Judge Peasley's memorandum
of decision filed in Winsted he up
holds the contention of The Con-
necticut Light and Power company
and says that the plaintiffs should
sc, forth the grounds upon which
they claim the charter is void and
should describe the acts of the
committee which they say were sc
erroneous as to make their report
Of no value and what rights of the
plaintiffs were denied in the pro.
ton requiring the plaintiffs to sci
up the specific errors that have
been committed. The defendant.
counsel claims that he could not
so to trial and prepare his case
properly unless he knew what the
plaintiffs claimed by way of errors
in the proceeding and defects In
the charter, and this claim Judge
Peasley has sustained.
The cases have aroused quite g
little interest in the state on ae.
count of the connection with them
Of Professor Levitt and probably
will be tried some time in the
next few months in the superior
court for Litchfield county.