Middlebury register. (Middlebury, Vt.) 1886-1937, 1892-09-16
Villoge Meeting-Continued.


Dr. Sheldon inquired whether the reso.
luton fixing the grade, passed last winter
said anything about raising the grade on
the west side of the bridge. II. l.. Shell.
don read that resolution, which follows
1t Is hereby ordained by the village of
Mlddlebury as follows:
The grades on the streets in said village,
from the railroad bridges on the northerly
side of Otter creek to the creek bridge, is
hereby established as follows: The grade
at the northerly end of the creek bridge
shall be raised four and a half feet above
the present level of the road at that point
and from thence the roadway to both of
said bridges shall be made of Uniform
grade from the said four and half feet
grade at the bridge.
which he had been subjected in the
spring, before starting his building, in
consequence of the difficulty in ascer-
tanning where the grade was. Finally
he found out, and then, at Mr.. Battell's
request, put his foundation two feet
higher than that. Now he was asked to
raise 1t yet more. He spoke with some
spirit in opposition to any further ele-
walton of the grade.
Mr.. Battell explained the situation,
from his point of view, at some length.
The question of the right grade he con-
sidered of great Importance. The town
was about to build bridge that would
stand for all time and no mistake should
be made. 1t would not be wise, for the
sake of saving a small sum, to lose i'm
provements that would be worth large
one. The vote of last December was
taken without much knowledge of the
facts involved. The question is, simply.
whether that is the best grade or the
best attainable. 1t seemed to him that
it ought to be higher by two feet. The
contract for the bridge provides for one
built on level, and no other kind is
wanted. The level, as now fixed,.is one
foot about the level of the floor in Mr..
Earl's store. That and Marshall & Co.'s
store rest partially on the bridge and
must be remodeled to some extent, and
If they are raised one foot they might as
well be raised three. Every owner of
the stores in the block had expressed
himself as willing to pay one-half the
cost of the raising. The estimated cost
of raising the block four feet was $3.50 to
$500 store. He had large number of
men under pay and had to begin on his
block when he did, going ahead on the
basis which he had every reason to sup
pose was right. A large part of his
block was completed and it cannot be
changed. The cost of raising DR.. Shell
don's block would not exceed Sl25. He
himself would pay one-half the cost Of
raising the Cobb block. The additional
taxes on his own block would pay all the
expense of changing the grade in very
short time.
"A. +. Topper, Esq, declared the vii
lage could not change the grade without
paying damages to property owners
affected. The village ought to accommo-
date MIR. Battell if it could, but it ought
not to 60 into any movement without
first asctrtaining the expense. He sug-
gested the appointment of a committee of
five to look into the matter a nd report
at subsequent meeting.
There was quite an extended debate on
the whole subject-matter, participated in
by DR.. Sheldon, Mr.. Battell, and Mr..
Wilds. The latter thought there should
be an expression of the sense of the
meeting relative to the proposed raising
of the grade, and he offered resolution.
Then arose another discussion as to
how it came about that 1t had not been
understood that the floors of the stores on
the west end of the bridge were to be below
the level of the street if the grade pre-
yiously fixed were adhered to. w. H.
Bliss, Esq, thought the misapprehensio
arose out of the fact that at first an iron
bridge was talked about and it was sug-
gested that this could be built on an in
cline, to be raised hereafter in case the
buildings on the west side of the creek
were rebuilt or changed. President
Brainerd confirmed Mr. Bliss view. Mr..
Brainerd suggested that it would be
better not to have a uniform rise from
the bridge to the crown of the hills on
either side, provided it were decided to
raise the grade two feet, but, instead, to
go back on level till the horizontal line
struck the grade already fixed. Mr..
Bliss said he had looked up the law as to
the liability of municipalities for damages
to abutting property resulting from
change of grade. He found that in 30
States there was no such liability. The
point had never been decided in Yer
mont.
Mr.. Wilds' resolution was passed by
considerable majority, as follows:
Resolced, That it is the sense of the vot-
ers of the village of Middlebury that the
grade of Main street at the easterly end
OF the bridge over Otter creek should
be raised two feet above the grade fixed
by the last village ordinance respecting