Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-10-25
p, w. e. Ky. Va. B. s. o.
Progress of the Railroad suit
Yesterday.

The hearing of testimony on behalf Of
the plaintiff in the condemnation pro-
ceedings OF the p, W. 4 Ky. R. R. Co.
against the b. d o. R. r. Co., was re-
sumed in the County Court yesterday
morning at 9 O'Clock.
MAYOR SWEENEY
resumed the witness stand and was
cross-examined by the attornies for the
defense. His testimony furnished no
new facts Of importance, the inquiries
being directed TO the perfection OF the
details OF the narration made by him
during his direct examination.
Henry Ross was called by the plain
tiff. Ross was a yard brakeman in the
employ OF the Il. & 0. road at the time
the cars were run on the trestle south
of the creek, but is now employed in
the freight depot OF the p, w. 4 Ky,
company. His testimony referred TO the
difficulty encountered in running the
cars over the curve connecting the tres
tie with the B. & o. track. He told how
this was done, which was by furnishing
the motive power from an engine on the
main track, and transmitting the mo-
ton to the cars by means OF pole push
ed by the engine. His cross-examina-
tod was a mere matter OF form.
CITY SURVEYOR PETERSON
was the next witness. He testified in
regard to the location OF the extern
sion OF Twentieth street made by him
in the presence OF Mr.. Becker. He
also gave it as his opinion
that the trestle constructed
by the B. & o. Co. would be demolished
and washed away by the tirst freshet,
or at least by the ice breaks. He gave
il as his opinion, also, that it would not
be possible, or certainly not practicable
to construct the proposed extension OF
the p. w. 4 Ky. road outside OF the
land owned by the b. 4 o. Co. Could
not see how the road could be construct
ed down the river without crossing the
parcels OF land in question. He had
never seen a trestle or other structure
as far out as il would be necessary TO
build one in the river in order to have
the line pass outside of the b. & o. land.
His cross-examination was directed TO
modifying the statements Of his opinions
already expressed. 1t was still untin-
ished when recess was taken until two
O'Clock.
AFTERNOON SESSION.
Mr.. Peterson's cross-exanIination was
resumed.
He said he measured the curve OF the
trestle south OF the creek, and informed
the b. & o. men that they were going
% feet south OF the line OF their land.
They then confined themselves to the
land as indicated by his measurement,
and as a consequence formeda curve up
| on which the moving OF ears or engines
would be impossible. The b. d o. coun-
sci endeavored TO show by the survey
or's own testimony that he had made a
mistake in the location of the north line Of
Twentieth street, and that it was on ac-
! count of this mistake that it became
necessary to so shorten the radius OF the
curve as TO make it impossbleio for trains
to be operated upon it. The deed un-
der which lot 2S, at the corner of Water
street and the south side OF Twentieth
street is held by its present owners,
was submitted to Mr.. Peterson, and he
admitted that if the deed was the Criter-
ion from which TO judge, his line for
the extension of Twentieth street
WIS IL feet and inches too far north.
He could not say, however. that had
this additional Is It. and inches OF land
been used in forming the curve, that
the curve would be sufficiently gradual
TO allow of the moving OF trains.
TWO PHOTOGRAPHIC VIEWS
OF the famous trtstle work were placed
in evidence, and Mr. T. c. Marceau, the
operator who made the negatives, testi-
fed as to the time and manner Of max
ing the pictures. Some one suggested
that the views be placed on sale with
those of other celebrities.
A deed made by VIM. Chapline and
John Eof, transferring to the city Of
Wheeling the right to extend the streets
and alleys running east and west in
Chapline and Eof's addition through to
the river, was read and offered as evil
dence bearing on the proper location
and bounds OF the pieces of land con-
cerned in the proceedings, and counsel
for both sides then asked that the jury,
in charge Of the sheriff, be allowed to
visit the site of the trestle and the other
location involved, and view the land for
themselves. The request was granted,
and Deputy Sheriff Mitchell escorted
the jury to the localities mentioned.
Plaintiffs testimony being closed, the
counsel for the defense called their first
witness.
WALTER c. SMITH,
a civil engineer Of over thirty years
standing-had made recent survey, by
request of Mr.. Lamb, OF the land adjoin
ing the west end of Twentieth street,
west of Water. A plat was exhibited
showing the results of his survey, which
was entered as evidence by the defend
ant. The plat showed the position of
the north tract of land, for which con-
demnation is prayed for by the p, w.
& Ky. Company. 1t was shown by Mr..
Smiths testimony that the land desired
nv the p W. x XIV. Co. is partlally