The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-08-27
AEEIDANIT.

AFFIDAVIT.
Roswell B. Mason, Edward B. Talsott and
Timothy B. Blackstone, being duly sworn, de.
pose and say, that they are, and have been for
for more than twenty years, Civil Engineers, and
practically acquainted with laying out, con-
structing and operating Rail Roads That they
have examined the route of the Ottawa, Oswego,
and Fox River Valley Rail Road SO far as desig.
mated on the plat attach ed to the bill filed by
John d. Cation against said Rail Road Company
etal in the La Sale County Circuit Court, and
alse the route designated on said plat by red
line as first selected by the Engineer of said road
lying east of the route as relocated. Depouents
further say that the first location fer the route of
said road they believe to be proper and Judi.
cious location with practical curvature and
that the change of location to that of the much
shorter radius, while it increases the length Of
the track, they believe to have been injudicious
and seriously detrimental to the interests of the
said Rail Road Company and to the value of the
said Rail Road, and they are unable to appreci.
ciate or comprehend any consideration TO Induce
such change with the design to promote the in.
terests OF said Company, or the value of said
Road. Deponents further say that they have
examined the property TO be taken or injured by
the construction Of said Road on both Of said
routes, and they are Of the opinion that the con.
struction Of the Road on the last route selected
would damage the property Of complainant much
more than the construction of said Road on the
route first selected las they understand) BY the
engineer of said Road would injure any other
property to be af cited thereby. Indeed they are
OF the opinion tn t the construction of said Road
on the route relocated would be an irrepara-
BILE damage to the homestead and property of
said Cation, which cannot be reasonably compen.
stated for in money. Deponeuts further say that
the Road constructed on said relocated route
would be more dangerous to the travelling pub.
lie, whose safety would be jeopardlzed thereby,
and would increase the operating expenses of the
Road. And Deponents further say that if the
Road were now constructed on the said re.locat.
ed route, they should not hesitate to advise the
change OF the route back to the one first selected
by the Engineer Of said Road that it is q sound
rule for Rail Road engineering to avoid when
practicable curv allure in Rail Road track of
lsss than one thousand feet radius even at very
considerable increased cost. and that curvature
of seven hundred feet radius should be avoided
if possible.
Finally DepOnents say that they have no hes.
i.ation in declaring that the first route selected
is the proper route for said Road, and the relic.
cation Of said Road is not a proper route for the
location OF said Road. deponents speak
only OF the routes further east, which might or
might not be selected for the route of said Road.
The said relocation il not the most eligible
route for said Road but, Oh the contrary. Is the
worst route that could have been selected so far
as examined by deponents
In regard to the measure of damages to the
property of the complainant by the respective
locations, the Deponents have not "A sufficient
knowledge OF the value of the property to be
able to name specific damages, but We regard
the crossing Of the complainant's land by either
route as materially damaging the property
The difference in the amount of damages OF the
last location over the first is caused by the occu-
patton Of the approach to compliments grounds
by said Railroad, and the greater quantity of
land taken. the measure of damages we think
is not to be determined by the ground taken so
much as by the destroying of the beauty and
symmetry of the grounds as whole, and in en-.
dangering the approach to the same In this
regard We estimate the damages on the last sca-
ton as not less that ten per cent of the whole
value of the homestead property
(signed) r. B. MASON,
signedl E. B. TALCoTT,
signed) T. B. BLACKSTONE.
STATE OLE ILLINOIS, 90
La Sale County. }~' Personally appeared
before tire undersigned, Notary Public in and
for the city of Ottawa, in the County and State
aforesaid, on the 10th day of August A. D. 1870
Roswell B. Mason, Edward B. Talcott AID Tim.
othy B. Blackstone, who, having first been duly
sworn, do depose and say that they have heard
the foregoing affidavit read and knew the con-
tents thereof, and do say they are true to the
best Of their knowledge and belief.
(sgnedl T. d. CATLIN.
Notary Public.