Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-09-19
THOSE CLAIMS
,oa DrMIaE GROWING OUT OF CHANGES OF
GRADS
q, II, South Side BY the Terminal Railway Com
pany-Prsbability that there VIII bs
an Amicabls Settlement


last evening, with the City Solicitor
nd President Cochran, of the Wheel
,rg Bridge and Terminal Railway Com
,anv. to consider damages claimed by
residents in the vicinity Of Twenty
eighth and Eoff streets, growing out Of
changes Of grade, ETC., by the Terminal
Railway Company in constructing its
work in the CaldwelPs run neighbor-
hood.
Dsvipe, appeared for Patrick Campbell,
No. heretofore before the Committee.
NJ. Nesbitt'S claim amounted to 5000.
Engineer HOge said the street grade
had been changed at sometime without
an ordinance, there being but memo
-srdum OF the fact in the grade book.
Tbis change was about three feet above
the ordinance grade, to which the Ter
r.ipol Company added four feet. Pre-
lions TO the change in grades, the
drainage was TO the run, but now there
was no outlet for water on the west
side Of the railroad. Judge Cochran
aid all he could say was that the Com
rapy hal been advised that the Com
1spy was not liable and that the city
was not liable for what changes the
Company had made.
Mr.. Caddle moved that the matter be
referred back TO Council with the recon-
mendation that it go to Streets, Alleys
and Grades, for an investigation.
The Chair didn't see what good that
would do, when Mr.. Caddle suggested
that perhaps il would be better TO give
the matter into the hands of the Solicit
tor.
The Solicitor said, that without pass
ing upon the merits Of the case, the
Railway Company was liable. He
tbought il best for the city TO refuse
the claims, and then let the claimants
establish their claims as they saw fit.
That would settle the liability OF the
city, II any, and OF the Railroad
Company. The question was not so
mueh who was liable, as IL was the as
certainment of the amount of the un-
houidated damages.
Judge Cochran said he would admit
that the Company would be bound ulti-
mately TO pay if there was a liability. II
the amount could be fixed, the city
might make the Company party de-
ferdant. The ordinance provided for
the safety of the city by making the
Company liable, where damages were
proved, but as he was at present ad-
yised, the Company was not liable. AS
FOR an amiCable solution on another ba-
sis, he could not say as 70 that.
The claimants, number OF whom
were present, complained that the Rail
road Company showed no disposition to
settle. They did not want to be driven
into Court. They were people who did
not desire q suit, but an amicable settle
ment. They did not relish the infOrma-
ton that the Courts were open.
Judge Cochran said the committee, In
passing upon the matter, would be met
by legal questions as TO the admission OF
evidence, etc, which il could not posi-
bly, pass upon.
DR.. Caddle said the trouble wa,
that the people would not act together
The Committee had been down there
repeatedly and had talked with the
people, but they could get nothing but
Isolated attempts at a settlement.
To this, the claimant retOrted that
their claims had been filed with the
Committee, but no conclusion could be
had, for the reason that they were not
notified when the Committee met.
The Chair stated he had no idea the
Committee had any authority TO settle
the matter. The only thing it could dc
was 10 attempt TO bring about a settle.
ment.
To this Mr.. Weidner retOrted that il
Council had the authority TO grant the
right Of way whereby they were in
iured, il had the right to affect a settle
meut.
AT the request Of Mr. Otto, the Solicit
tor again gave his opinion, saying the
city was protected by the ordinance.
The city could safely pay any amount
the claimants and the Company could
agree upon, but il they could not agree,
the city would not be safe until the
amounts had been fixed by suit; for
otherwise the Company might say you
have paid too much"
Mr.. Otte-Wouldn't IL be well for the
Railroad Company to take up the claims
and pass on them, or else have the Com
pany indicate what il would do. II the
Railroad Company would agree on the
claims, it will be all right.
Judge COChran-There would likely
be intricate questions as 10 grades,
present and past, &c, in each OF these
cases, involving many and grave legal
points. ] have always been inclined
and DESTROYS of paying all just claims,
and we have sometimes part claims
which we felt were not just, for the
sake Of peace. We have never gotten
all the data we ought to
have, and when we are in
that position, feel that we could go to
these folks and, n we owe them any
thing, settle it. I have practiced law
long enough TO know that in very many
law suits, no matter which side wins,
both sides loose. There has been no
deliberate intention on our part TO throw
these things aside.
Mr.. Riley think the practical way
would be for this Committee TO give the
company time 10 get the engineering
data and see ii an agreement cannot be
arrived az, and then come here and set
tie
The Committee finally decided to de-
Ter action, recommending to Council
lhat the Committee on Streets, Alleys
and Grades be asked TO establish new
grades on all streets affected, and that
'ne Railroad Company be asked to settle
,he claims, II possible, as soon as IL can
be done.