The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-07
TO OPEN UP BULL STREET.
TIE VERNON SHELL ROAD co. To
GIT $500 DOLLARS FOR IT'S
PROPERTY.

the superior Court Jury, and the
supreme Court Decides Il Must
stund-Cheeney's 1000 Dollar Yer
diet Against the Ocean Steamship
Company Holds GoOd-Mrs. Ha-
good 10 Have "a New Trial of Her
Case AGAINST Entelman - Other
Cases Decided by the Supreme
Court.
The supreme court has rendered its de-
c.sion In the case Of the Vernon Shall
Road Company against the mayor and
aldermen of Savannah. affirming the de-
csion Of the lower court, which gave $500
damages to the company, and allows the
condemnation of the shell road for use
as a street Of the city an extension Of
Bull street. from Anderson 10 Twelfth
street the new city limit
The case having finally been determined
by the supreme court, Bull street will now
be opened to Twelfth street, and the toll
gale on the White Bluff road Will be moved
back TO that point The announcement of
the decslon of the supreme court IN this
case was given in yesterdays dispatches
20 The Morning News
When the city first attempted to open
the street, claiming its right to do so with
out c0mpensating Mr.. ID. b. Lester, who
owns the road. an injunction was applied
for. and being refused, the matter was
taken to the supreme court. The supreme
court decided that a temporary Injunction
Should be granted, ana that The city did
not nave the right to take the property
without giving the owner a fair compen-
sation.
The matter was than left with board of
trbitrators, consisting of Mlessrs. j. D.
Weed. John + annery. j. j. Da {, +. A.
Wen and 5. Krouskon, and they allowed
the owners Of the road s., 900 Tor the prop
erty. This was not satisfactory 10 them,
and an appeal from the decision of the
arbtrators TO the superior court was
taken. There the case was tried before
q jury the question beng as TO what
amount the owners Of the property were
emitted TO. The calm was made by
Messrs. Saussy Saussy attorneys for
Mr. Lester, that he practically owned the
property in fee simple, and that he was
ehIlled 10 compensation just the same
as the property was taken, cut INTO
los anu sold that way. The city disputed
THIS and claimed that it had the right 20
n open a road provided Reasonable ,eeg4a-.
pensaton was paid him for what Mr.
Lester would lose The Jury gave Mr..
4 Lester a verdict for So. 500-just $500 more
.laA the albitrators had allowed. Mr..
Saussy took the case to the supreme
,oull u beng held that the amount gwen
H R the jury was not a far compensation.
JUST what view the supreme court took
Vi me case is not yet known as no detln te
--to' ildtlon on the subject has been re-
'71'eu' IL may have been that the coiIr;
considered the amount sufficient under
, he evidence, or it may have been also
lal y considered it had no jurisdiction in
m case on account Of the law in the
Sg4e q the city of Savannah, which pro
's0es mat IN the matters of condemnation
~ property by the city, when an appeal
. toAen me verdict of a jury in the mat
Vl shall be final. Mr.. S. b. Adams renro-
5r-e9 me city in the conduct of the case.
me only thing that remains to be done
- NV Is 70 nave the judgment of the Iu-
s,t So court made the judgment Of The
teHor court WREN the city will have TO
-! over the $500, and can then move
. ". loH gate back to Twelfth street.
-Le supI enc court affirmed the decision
He c.ly court in refusing to grant q
" ulai IN the case of Henry Cheney
151!ISl me Ocean Steamship Company. in
~, .C y, me me plaintiff was. given a verdict
"a IN 27u'V Tor the loss of leg and other
Fl ~ il!'Ss sustained as the result of the
tte''-lls on him of bale of cotton. while
os vas working down in the hold of one
u me company ships.
"a So ny was represented by Messrs.
10y d Saussy. on the first trial of the
h Il15. oNgehey was given a verdict for S. 500
fr,ss I1afoen refused to grant a new
n M u a.l1 me supreme court reve rsed h.m.
"a rPr5.t -eA1 u4aI of the case was a n1istr4aI
r. s was before Judge MacDonen The
sIi SUI Llal Of the case resulted in a nom
n NV oT,' o-t1 the supreme court reversed the
B 60. court IN this. The fourth trial re-
q m 80 n the $1,000 verdict for the defend
to sr auu the refusal of the city court
4 mn . an an new trial has been sustained.
IN :, point IN the case was the allegation
sre az piaintiff, which seems to have been
E vss I".y proven, that no hatch tender
hi go near TO warn those in the hold
4 ID Ing nales Of cotton, although one
Nsl oeen ask d for.
me case of Mrs. Josephine Dieter
Ss 's' me Electric Ranway Company.
s bSnv an Injunction requiring the COM
4 bpzrsti2l ehoVe certain poles used in the
her I'm I'm OF its lines, and which were on
H. me supreme court has sustained
usa5 tts'oh OF Judge Fall.gant, who re-
and injunction, and the poles vii!
saId,,'" me argument of the case the
u the railway campany S charter
r-,,5 lacked, and the text of the su,
ith 0ouF1 decision will be awaited
1llh rar5t TO see what II has decided
m ,SeSeFd 10 this point.
spa-I.e case OF Mrs. Mary NJ. Hagood
i.re,r y. Il. Enteiman and others, the
- court sustained the lower court
+ epsn, her new trial She was a
del.,. VI hatelman's, and on account of
sr " me payment OF her rent, he had
n. ,rSteltE put into the street without
y h. less OF law. She sued fer $4,000.
verdict was in the defendants
s,- one was granted new trial and
- me court sustained this ruling.
f4 H. tesented by Judge P. NJ Russell
M az a. c. Wright
c. 'IacDonell granted Messrs. Green
b CT a new trial in their suit against
Alrb ~ ieston and Savannah railroad, in
So asked damages for the killing
tga,pst mules. but in which a decision
be s,,.. ZEN was rendered by the jury.
n Ir5a- me court has reversed the ruling
avros IaeDonell and Messrs. Green &
"-H set no damages for their
81 daa ease of Jackson, who was given
ne8 .sssIaict damages for injuries sus-
owes ~ NJ. = ugh the negligence of the EN-
t5a lhe savannah Street railway, one
hlsh running into a laundry wagon
- iees was driving, the decisions of
me- iacDonell and Falligant were af-
Al uaGe MacDoneiI refused a new
ID II lie brief Of evidence not being
rt 0--ie TO carry il 10 the supreme