The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-23
AGAINST THE G., H. & /.
CANNOT RECOVER DAMAGES FOR
BUILDING OF yIADUCT.
the Company May Cut Into Via
duet at It's Pleasure.

in the Circuit Court yesterday the city of
Indianapolis is not liable for damages to
the c., III. & /. Railway Company for the
construction of the Virginia-avenue via
duct. The decision directly affects the au-
thority of the Board of Public Works
under the charter. Among those awarded
damages by the Board of Works by reason
of the construction of the viaduct was the
c., H. & /. railway. The board allowed
the company 5000, but the amount not
considered satisfactory, and an appeal was
taken to the Circuit Court. The company
alleged that it had been damaged to the
extent of $50, 900, but before the appeal was
passed upon by the court the complaint
was Withdrawn and amended. In this COM
plant the company asked for 100000, but
the city attorney demurred and raised the
question of the authority of the Board of
Public Works in awarding damages of this
character. Judge Brown held that the city
charter did not make specific provision for
this class of damages A. c. Harris, at
torney for the c., H. & 1. railway, MAIN
tanned that a provision Of the city charter
for the assessment of consequential bene-
fits and damages for the construction of
such structures, where the same were on
streets or alleys that crossed railways,
should be so construed as to include the
company in this case, as the viaduct was
on street that did cross the railway.
Judge Brown commended in his ruling that
the statute covering benefits and damages
did not provide for streets already laid out,
but that it used the words proposed
streets or alleys and .'is to be built The
Board of Public Works, by the provisions
or the CHARTER We're empowered to change
new m any street OF ane ,S,a or open
consequential damages in this case be-
cause the construction of the viaduct was
cf do III
encroach on the abutting property was
wholly within the right of way of the
The court held that the city charter re-
pealed the old provision for the award of
damages thd ages Under the law the decision of
strued statute Judge Brown granted an
appeal to the higher court.
AS result of the construction of the
yiaduct the board has assessed about S29,-
goo in benefits and $4,000 in damages. The
benefits being heavier than the damages,
the Union Railway Company, which agreed
to pay all damages accruing against the
G1y mas Tav had nothing to pay The late o
on an appeal from the boards award. .
This means that when the city changes
not be liable for damages to abutting prop
erty on account of such change" said an
attorney who heard the decision of Judge
Brown, but there was one point not con-
sdered in the decision. 1t is highly probable
that the railroad will proceed to elevate
their freight depot and make an outlet to
the viaduct as it proposed doing some time
ago. This point was not considered by the
city and what the result of such move
would be it is difficult to say. The railway
company has the remedy of the common
law to fall back upon and IL it desires,
ages"
Final Report ON Peter Carson Estate.
The Indiana Trust Company admins
traitor of the estate of the late Peter
Carson, ex-couaty auditor, yesterday filed
a final report with Probate Commissioner
OBryan, showing the assets of the estate
to be 81, 7o0 with che indebtedness of
$2,557. The report SHOWS a residue of So
242 to be distributed among the heirs of
the decedent. The trust company showed
that it had earned as interest on the funds
held In trust the sum of soS7. which amount
was sufficient TO- pay the expenses of the
In the matter of the Rowland and John
son receivership the Union Trust Company
yesterday filed a partial report with the
probate commissioner asking for instruc-
ton as to the payment of certain claims
against the insolvent concern The com
missioner has made no decision.
Meadow Burned by Locomotive Spark
John t. Dugan, a farmer living on the
Charlottesville Pike. four miles west of the
city. filed suit yes rday for damages
against the Peoria division of the c., c.,
c. & st. l.. railway. The plaintiff de-
mands 81. 900 for The loss of thirty acres
of meadow grass and two farm horses. II g
AYERS that in september, 1894, he lost
promising crop timothy hay by fire, the
grass becoming iSnited from sparks emitted
from one of lie defendants locomotives.
During the same month a pair of valuable
plant alleges the. the railway company
permitted it's fences to become so i'm
paired that stock would stray onto the
track at will.
Spectators Were Disappointed.
George Boeckling, the defendant in the
hraa oh of 1,a{,,
the Superior Court by his divorced wife
Madeline Boyle, was on the witness stand
yesterday. He testified that after he sep
arated from his wife he gave her money
which she she threatened to do. Boe eek s
testimony was of character that greatly
dspleased the spectators. 1t dealt largely
with financial matters, and was not sensa-
tional enough to suit the taste of the au-
dience. Court was adjourned at 3 o. clock
yesterday, but the case will be called again
this morning.
Libel Suits Dismissed.
The damage suits of Tyndale Palmer, of
Philadelphia, against q number of Indiana
polls newspapers, We're dismissed in the
Circuit Court yesterday. year ago Pal
mer brought suit against all of the Western
papers handling the United Press telegraph
damaged by the publication of a report
carried by the wires of that news associa-
ton. The suits were dismissed because the
plaintiffs attorneys failed to file cost bonds
Estate for English Heirs.
The last will and testament of Annie
Ford Tucker, executed Dec. Is, 1894, was
probated yesterday. Julia Johnson Perry
and Tryphena Stone Tucker, of Manches-
ter England, and Arthur Ford Tucker, of
Dartmouth, England, are made the chief
beneficiaries of the estate. Charles J.
Rawlings, of Wheeling, w. Va, and w. l..
Taylor, of Indianapolis, are named as ex-
ecutors. The estate is valued at about &c.
600.
To Set Aside n Chattel Mortgage.
Christian o. Schrader yesterday filed a
suit in the Superior Court to set aside a
chattel mortgage executed by Gustav Witt
| to Maria Witt en- stock of groceries, at
No. 25l West fIt higan street. The plain
tin alleges that the conveyance was made
for the purpose of defrauding him to the
extent OF juds- nent for 1888 which he
holds against the defendant.
THE COURT RECORD.
Superior Court.
Room 2-Lawson NJ. Harvey, Judge
Charles Jones VS.. Isaac s. Strauss; street
Improvement lien. Judgment against de-
| PENDANT by default for S6.SS and costs.
Rural Saving and Loan Association VS..
Jno. II. F'orman; foreclosure. A. w
n