Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-12-11
THE MAPLE STREET HEARING.
Great Differences In Estimates of DAM
ages by widening the street.

ages by widening the street.
The final hearing in the Maple street
case began in festival hall at o'clock Fri.
day afternoon, before the commissioners
appointed by the county court, and con-
tinued until noon Tuesday. The case is
one which has been the subject of more or
less discussion since last winter and has
attracted general interest.
A petition, signed by large number of
Esteyville people, was presented to the Sc
lectmen last winter, asking that Maple
street be widened and graded. An article
relative to the matter was inserted in the
warrant for the last March meeting and by
vote of said meeting the selectmen were in
structed to make such Improvements as
the petition called for. Acting under these
instructions the selectmen found that the
road from Canal street TO the point where
Cherry street intersects Maple street was
never laid out Between 80 and 60 years
ago, however, right of way, two rods wide,
extending from Cherry street to Canal
street, was conveyed to Rufus Clark, and
in 1889 highway, two rods wide at the
ends and two rods and Is links wide in the
middle, was laid out from the Clark road
to this right of way.
Last June the selectmen laid out road
from Canal street to the Clark road over
substantially the same course as the pres
ent highway, but they made 1t three rods
wide, thus condemning on each side a
strip of land which, on the Hall estate, was
70 rods long and varied in width, being at
the widest point 81 feet. 1t took from
Geo. II. Clark piece IS rods long and 10
feet wide, and from Charles W. Stewart
about 1900 square feet.
A hearing hnfOre the ealarfman moo
called for the purpose of awarding damages
and to Geo. A. Powers, the owner of the
Hall property, was assigned $500, to Mr..
Clark $50, and to Mr.. Stewart nothing.
From this decision Mr.. Powers, Mr.. Clark
and Mr. Stewart appealed to the county
court and the court appointed A. E. Cud-
worth of Londonderry, Daniel Kellogg of
Westminster, and Mark Ward of Putney,
commissioners to hear the case and appor-
ton the damage.
The hearing was conducted by Kittre1ge
Haskins and c. G. Fits for the appellants
and Waterman, Martin d Hit for the
town. The appellants claimed that there
was no necessity for widening the street,
that the primary object of the petition was
to allow the electric railroad company to
run line through Esteyville by way of
Maple street, and that if the street was
widened the damages awarded by the Sc
lectmen were insufficient. The witnesses
called by the appellants were: L. D.
Thayer, d. s. Pratt, B. d. Harris, j. A.
Taylor, Francis Goodhue, G. A. Boyden,
Charles Harris and others, who testified
that in their opinion the road could be re-
paired to meet the public demand without
being widened.
On the question of damages various es-
. 90, 40 Of
on the Powers property as, in the event of
widening the street, it would be necessary
to remove large hedge, of $500 to 5000
on Geo. H. Clark's property and of $3.50
on c. W. Stewards property.
The witnesses called by the town were
r. E. Gordon, j. Henry Pratt, A. V. May,
Geo. W. Fuller, Geo. w. Hooker, II. E.
Taylor, D. T. Perry, G. W. Pierce, W. II.
Fletcher, A. V. Clapp, G. II. Bond, j. G.
Estey, G. p. ellison, Peter Chase, A. J.
Pullen, II. D. Wellman and others, who
testified in substance, that there was a
great necessity for widening the street as it
was the only feasible route to Esteyville,
especially for loaded wagons, and that If it
was widened as proposed the value to the
abutting owners would be greater than the
damages which they claimed.
Several other witnesses were called upon
the question as to whether certain row of
maple trees, for which Mr.. Clark
claimed damages, was within the limits of
the present highway. Gen. j. j. Estey,
Z. II. Putnam and others testified that for
more than 80 years the limits of the high
way had extended outside of the row of
trees, that cattle had been driven between
them and the fence enclosing the highway,
and that they never belonged to the prop
erty now owned by Mr.. Clark.
D. McGillivray, John Blake and others
testified that the hedge on the Powers
property had passed its usefulness and was
of no commercial value. The closing ar
guments were begun by c. c. Fits and G.
B. Hit Monday afternoon and finished by
j. l.. Martin and Kittredge Haskins Tues
day forenoon. The case was made inter
esting at frequent intervals by some lively
sparring between the lawyers. The com
missioners completed their work Tuesday
afternoon and will file their report at the
March term of the county court.