Daily Republican., 1885-05-23
The Bench and Bar.
THE kTIMMEL VS.. BROWN SUIT
FOR TREsP Ans AND DAM AGES
WELL CONTESTED CASE.
THE OWNERS RIGHTS.

tha Stimmel, VS.. Samuel Brown, was
resumed at yesterday aftern oOn's ses-
sion of the Superior Court, and the ex-
animation of witnesses for the plaintiff
resumed.
James C. Van Trump wa = sworn, and
testified that he is plum ber, and laid
the drain in Mrs. Stimmel's alley, at q
cost of $57 .08. 1t became necessary to
lay this pipe to carry Off the drainage
that had previously run down the
lalley.
This was the last witness for the plain
tiff, and Mr.. Gray made brief argu-
ment to the jury, ia which he outlined
his defense, after which he com mmenced
the examination of witnesses.
Samuel Brown was sworn, and testi.
led that he is the owner of the lot ad-
joining the property of Mrs. Stimmel.
When he made the excavations COM
planned of, he was under the impression
that SO long as he was on his own
property, he had right to do as lie
pleased. He had endeavored to repair
the damage as far as possibla, by build
ing fence, and having the alley re-
paved.
Daniel B. Culbert testified that he is
a cousin to Mr.. Brown, and was on his
property very frequently while he was
siderable experience in building, and
in buying and selling property. 1t was
his opinion that Mrs.. Stimmel's
property was damaged to the extent of
what 1t would cost TO erect stone wall,
and put the alley in as good condition
al IL was before the excavations were
made.
John T. Haddock was sworn, and
testified that he is builCer and has
been engaged in the business for at
least 20 years. As far as he knows it
has always been the custom for parties
owning adjoining lots to have right
up to the dividing line.
Joseph l.. Carpenter, Jr., was sworn,
and testified that he resides in this city,
and has been engaged in building opera.
ton for the past fifteen years. In his
experience it has always been the GUS
tom for each person to keep up their
own lots. The witness had owned sew
eral lots, and when the adjoining lots
were leveled he had always been to the
expense of erecting a wall to keep up
his ground, and had never known Of
but one instance where the cost was
divided. The witness had built at
least hundred houses in this city. On
cross examination he said some persons
held different opinions respecting this
matter, and he had frequently been ask
cd for his advice.
Patrick Dillon testified that he has
resided in this city a number of years,
| and has been engaged in building oper-
ations. He has Duilt some FIVE or six
hund red houses, and always found.it
the custom for a person owning high
ground to keep up any necessary walls
to protect their lots.
I William Mines testified that he has
been engaged in building for the past
l5 years, and always found that where
walls were needed, the person owning
the high ground put them up at their
own expense.
| Daniel B. Culbert was recalled, and
stated that some years ago he owned
lot that was above the grade, and when
his neighbor Gu: down his lot he notified
the witness that tie would have TO keep
up his own lor, and he did so. He
knew ofa similar case at Fifth and
Jefferson streets, aud he had always
understood that 1t was general Gus
tom.
Thomas Ford was sworn, and testified
that he was engaged III building opera
tions in this city for is years, aud dur
ing that time he h I'd built at least one
| nnndred houses. Il three or four cases
he had constructed walls to protect his
lots and did it because he thought it
was his duty.
William j. Strong testified that he is
builder, and built Mr.. Browns house.
He was Instructed by Mr.. Brown to
call on Mrs. Stimmel and see if she was
willing to pay the half toward building
a wall, but before he could state his
business, he was informed by Mr.. Slim
mel that the matter had gone so far he
intended to let it 20 on and would learn
both Mr.. Brown and the witness a les
son.
At 5 So o'clock Court took a recess
until this morning.