COSTLY CHANGES IN NORWOOD.
Grade Crossing Matter to be Referred by Court to a Master.
After a lengthy discussion between counsel for the New York & New England Railroad Company and counsel for the town of Norwood, the objections filed by the railroad company to the acceptance of the report of commissioners in relation to the abolition of four grade crossings in Norwood, were referred by Justice Dunbar today, in the equity session of the Superior Court, to a master to determine the facts.
The four crossings are known as Railroad, Washington, Guild and Chapel sts., and the total expense of abolishing them was $90,000, as found by the commissioners, who were Assistant United States District Attorney H. A. Wyman, J. F. C. Hyde and C. A. Seabrook.
Of this cost the railroad company, by an act of the Legislature was to bear 65 per cent., the Commonwealth 25 per cent., and the town of Norwood the remaining 10 per cent.
The commissioner thought the most feasible plan was to have the streets, with the exception of Railroad av.. go under the ra Iroad. and also recommended that the streets be widened.
The report was filed in the Superior Court clerk’s office at Dedham. Feb. 2 last, and since that time nothing in the matter has been done.
Today counsel for the town. J. J. Feeley, asked Justice Dunbar to confirm the report, saying that this was the best time of the year to begin the work.
Lawyer C. A. Prince for the railroad company said that the road has no surplus in its treasury, and is not in such a financial condition that it can spend the sum estimated by the commissioners when one considers the other necessary improvements it has to make along its line to the Hudson River.
“The objections we have filed to the acceptance of the report.” he said, ’I think are good. The commissioners have gone outside of their authority. The petitions for the abolition of the crossings do not warrant the action of the commissioners in the plans which they have adopted.
“The road has a feasible and less expensive plan and wants it adopted.
“The plans of the commissioners call for unnecessary, extravagant and improper alterations. Besides, the act of the Legislature under which these crossings were undertaken to be abolished is unconstitutional.”
Mr. Feeley replied that a number of ptans had been put in before the commissioners by the railroad anu all had been considered by them, and the one reported was the most practicable and satisfactory.
He said that the railroad company itself had asked the court to abolish Railroad av.. and now it was opposed to its own plan fordoing away with that grade.
Justice Dunbar said he thought the matter should be referred to a master, as it would take up too much time of the court.
He asked counsel to agree upon someone as a master to report the facts on the objections of the railroad to the acceptance of the report by the court. The master is to have until April 11 to hear evidence and make his report.