, 1881-01-30
VIADUCTS AND GRADES.
The Propcrty-owncrs on Van Buren
Street Want Pay, for Damaged Prop

The Propcrty-owncrs on van BuFen
street Want Pay for Damaged Prop
crty.
The judiciary Committee Of the City Council
met yesterday afternoon. with AID. Shorc5 IN the
chair, to consider the mnttcr Of the widening OF
tho Van Duren street yinduct. which was oone
by the Fort Wayne Railroad Company last sum-
mer without consent of the Council Nilalnm
Mueller Dorothea Bluhm, and Leonora Kern
were present, represented also by Egbert jamie
son and Joseph Pfcrshtug us counsel Ihere
was no one present to represent the raltfoao
officials. The compainnnts claim damages al
lcglug thut the viaduct was heightened and
wide ned tweuty-oue feet at the east END OF van
Buren, street. and the Crude was raised sn arce
nrc of eleven inches, SO that the coInplulnants
property was damaged By water running into
their premises from the street. ,.h,o,,
JULY rs the Council adopted q resolution Wnlcn
notified the Railroad Company that it must not
Interfere with or lcngthon or widen the VIA
raise III the ot OF vde 9e show
Ing that the grade was raised eleven inches ana
the cast approach heightened tWenty-ono 1eeL
was heightened fifteen tcct at both the east and
west approaches. but the grade Of the street
M Mr. Waller. the Commissioner of Public
Works. stated that no permission hnd ever ocen cen
given by him for the change. He bcescd me
Corporation had the opinion o ct fhe Inc 1,a'cycd lily
allowed the Railroad Company to DO the work.
In his opinion to tho judiciary Committee
eays T1e fhe ta Question to the right of he city
to permit the Railrond Company to build new
viaducr to he three inches higher without going =,
me in July last. answered then that the
change Of three inches was not such change OF
e t. onaou aas any ono
| only to the vlnduct. The :. damage claimed here
is for raising the street."
Mr.. Crcgier stated that the railroad dld ne
work without permission Of the city. He dau
not attempt to stop 1t ut that time. The proper,
| ry-ho!dcrs objected to the change, but 40 to!a
them that he thought there would be no damage
done their property by the raising Of the street.
| He knew that the resolution ordering the work
not to DO done was passed - Jnly 'ass, IT. ,,oa
been introduced by AID Purcell. and &c ana me
! gentleman had conference, and Mr. pnrceN
| was willing not to have the order enforced; m he-
cause it would be better for the city. The Com
! missioner was ready to enforce the order
Aid Purcell stated that be vas willing TO have
the yaduct change made, but unwilling to
| bave q change Of tho grade. He understood
that there would be no change in tho grade, a put
plated He stated that the crown OF the street
was not In the centre proper. The north SIDE OF
the street wns higher than the south side. J.. l.,
Mr. Waller stated that he WAS trying to 90
his best for the city after the order was passcd;
and TINT WAS atr. Purccll's idea also, as they hnd
desire to shut up th5 thorougatahre a h c M
| away for $500, but the property y-owners Wanten
| to get the whole of the value or their properly.
AID. CullGrLQn ust9tEN tuAt lu6 1ts3It%N1&u ~N.tL
| pany Ind no right whatever to Interfere with
| the ytaduct and the street. He moved that the
| Company be requested to make good all dan-
| aees done to surrounding property.
| The Chair stated that they should first deter
mine whether the Company had any right TO
disturb either the street or yinduct-
The whole matter was referred to- CORPORA hon-
| Counsel Adams, to examine BY what authority
| changes had been made In y1nductS anu grades
| on Van Burcn street, at the Adams street Fia~
| duct, which has been narrowed, anu at JACKSON
| and other streets.
| Aid Smyth stated that the walk-way on
t Adams street yiaduct had been narrowed con-
sidcrably, and the grade raised 80 rs to make it
dangerous for thirty or forty feet On the west
| approach,
| The following resolution was adopted:
| s. Resotrc1, That Mr.. Adams be requested to
| report to this Committee by what authority. II
| ANY, the Pittsburx, Fort Wayne s. Chicago and
! the Chicago s. Alton Kairoad Companies length
| cncJ their ynduct at Van Burcn street, and
| what, II any, remedy the city has against said
| companies on account Of said change; and by
what authority, If nny, tho street between the
riat1uct aud tho bridge was raiscd.
Mr., Brown tho President of the western In
diana Railrond Company, was present and asked
that authority b., given bis corporation to lny an
underground telegraph along their line of road.
! The muttcr was laid over until next Saturday.
| The recommendation to ask the Council to In
dorsc the Dayis bill in regard to the sale OF the
Lakc-Front was ordered placed on file.