New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-12-01
THE ABOLISHED PARADE GROUND.


A REPORT THAT THE ALLEGED DAMAGES WIRE DUE
ONLY TO THE GENERAL DEPRECIATION N VALUE
I'm Supreme Court, Chambers. yesterday. Cor
porntion Counsel whitney fled the report Of the
commissioners appointed to the images caused
o. property owners by The enactment and supse-
uuent repeal OF the Parade Ground Act The ro-
port is signed by william H. Wickham, william {.
Traphaeen and Bernard Smyth. Some discussion FOL
lowed upon the question of sending back the report he
Corporation Counsel agreeing 10 let It go back Tor the
specific purposa of taking additional testimony concern
ng the sling Of the maps hut the lawyers forhe alleged
sufferers wishing to return it general grounds
Judge Lawrence reserved his decision. The report in
substance is rs follows:
Tho main proof made nv the claimants was for the pnr
pose OF showing The gr at deprcci2ifn IN tS prp"N
between the time when the map was He'd, IN Api SO
ana thu data OF the repeal OF the Act june $50 the
theory OF tae claimants being that the lng OF the map
tied nh the property that they unable 10 sell IT,
that but for the map they might have realised upon
~ al the Eigh prices which ruled in 1878 The Corpora
ton Counsel b0s shown, by decision or the Court OF
Appeals that the filing Of the map ga nor aH's 'lie
title o. the property The could sell transfer or
hrf,-c Ru, The claimants say that though they had
the legal power. tn fling OF the map damaged the
property in the market that they were unaoe 10 sT.
sta ute any surmisc OF own rs to Wnat these
persons might have done with thcr propery II Is nor
enough FOR that these property owners mlght
have sold hut we must nd. in order 20 ius;lty us ~
awarding damages that they Would nave sou ~ ii'' "a
they ad not been prevented 0y the Cling o The map.
Thore mas, be the relation OF and effect between
tie act complained OIL and the damage claimed TO re
sult from ~ in order to justify our indns damages
Ne do NOR think that the filing OF the man had any
such edct ms is GAINED. Instead OF It's having been an III
iury We thiult IL was benefit 10 The properly owners
W. ore aware that II considered ~ the Uht py prop
crtv owners great advantage 10 nav w p"', .o
prorud upou their property, ana tn"Y nave LOT some
s resisted all efforts 10 wipe TINS parade cluu I"h
the map of tnc city, The PROOF SLOWS that h."'h
Oefohcr 1879. when the selection was maze on ms
rrnund and tho man l. reported 20 tue PARK Depart
mont ana Npg 1873 Vhca the map was llel, 'he P'p
erf1 both and around the parade ground mldc iapu
f.om 30 10 100 per celL OF i' u.''st IL '''l-
of tie man doubtessy did prevent the mn owe
mont of the IruuCIty Dy the owners. Elt lhe rsuH"
sboys hat nj no time since 1875 could npOfti ms
fore tlc M pertV owners suffered no Qln se l US
cause. The CITY cannot justly he maze itHp.l'le -"
the decline in values since 1873 IN inns lfolrrF lo nc
decline has been Che same n that OF az SinI p4Oiti!
81 d.,u9. was claimed before US 20 have DE- u ctuS ~
v the reHrll 81 thc act Tho testimony oi re eNp''
examined to the effect tha no ciauge tooA pace al
of inc repeal IL claimed tha' damage Wat ctt,e.
h he rr,y.ion in Tire act of 1871, which PROVIDED '
m find. street erscctiIC the parade gF0uh Sot Ue
fncyrr closed ny the filing oi tie map, ana t-thu
- .- l. l., Inc damage Gcc1sO. cd TO properly Ny
kim ,,vlv its frontage streets. II was adht'rd
upo1 am .idns fat streets aI ever nctn opeh'i Nun
in tuc b0undlr,ea Of the parade -r2hh "a nN.l- ~
held as q farm down 20 % uur 'l't.N pi!vl ~ ~.
II IN for rarafe ground. But was claimed thAt tht
civ authorities had surveyed ana m'huithic'
stfoets thore and established thrm as sIT,ts
GTlv cated and certified maps un Ter the Act OF
1868 T. eventually appeared, however that no suci
maps had ever brcu fled, and we ar therefore ODseu
ind that streets were there IN ISL anu 'hcIel"i'
none were closed by chat act
W. are not able say, from the case maze before US
That damages were caused Ey anything peculiar 20
the properly, or To any thing else IMAM w St'Ii.
probation III values, the common cause OF an MAo''
universal loss.