Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-07
Judge Cox Gives Instructions to the
Jury Of Award.
ELABORATE PRESENTATION OF Case.
Prayers Presented by the Attorneys
in the Case.
THE JUDGES SUMMING Up


ison and Leighton's subdivision OF Mount
Pleasant and Pleasant Plains. the first OF
the cases to be tried under the highway
extension act of March 3, 1Sa3 since the
United States Supreme Court sustained the
law last May. After the court had in
structed the jury To their duties counsel
on either side proceeded TO address them,
1t being expected that the case will go to
the jury some time this afternoon OF to-
morrow morning.
The Judges Charge.
Judge Cox in his instructions TO the jury
said:
Gentlemen: A number OF instructions
have been presented to ne. which have
been asked to give you. That is, they are
put in typewriting. and l will hand them
to you after get through. / do not know
that 1 can do better than first TO read
them over to you. with some verbal ex-
planation. and possibly summarize them
all IN words OF my own aftcrward:
Il The jury are to coasiier all testi-
mony which may be introduced hut not
TO he limited thereto. and IN making I'd
their verdict may employ t.:cir knowledge
acquired from other sources than the tes-
timony.
AS 1 explained to you before you are
not like an ordinary tiial jury, which finds
verdict only according to the evidence
You are to make use OF your own knowl-
SesS VI tHe oi ana derive
what aid you can in doing that from such
testimony as has been presented to you.
just Compensation.
''2. As to each of the several parcels of
land proposed to be condemned as public
highway. the jury arc 10 ascertain what
would be a just compcnsa ;iol 20 the owner
Tor such condemnation. an1 in estimating
that compensation they may consider the
most valuable uses 10 which said land NAV
be put at This time 10y the owner or other
persons under present circumstances and
the advantages of the locality for resi-
Dental. commercial OF other purposes
They may also consider what land is worth
In cash or its equivalent in the market IL
a market exists for suca land: :.ls,, "a hat
prices have recently been raid for land in
said division. and i'm its vicinity. making
due allowance for differences in situation
anG conditions of the land sold. and said
Vaiue snail be ascertained as OF the time
OF the hearing before the Jury
In determining the value of any land
taken the jury are not to add anything TO
,aia mhae they iind TO be It's present fair market
SsiGe because II Is 20 be taken by process
OF condemnation for public use witho,,
the consent of The owner.
Damages or Benefits.
f. In finding their verdict as 70 damages
or benefits the jury should find such yer-
dict as TO each separate parcel, without
regard to the ownership of that or any
other parcel.
D. That when any parcel of land to be
condemned as aforesaid shall be part of a
larger parcel owEed by the same person
the jury shall assess the Just cornpensa--
ton FOR the part taken; they shall also
take INTO corsiderati tior the damage or
benefit which the appropriation of said part
Tor a public highway may be to the owner
or owners of such larger parcel by lessen
ing or enhancing the value of the re-
mainder not taken. ami shall render their
verdict accordingly for the amount of said
compensation, less the benefit, IL they shall
find benefit.
6. Buildings upon the ground taken for a
highway in this proceeding are a part of
the realty, and the owner Us entitled to be
paid a fair market value therefor I'm like
manner as for the ground taken; and
where part only Of building is taken the
owner Is entitled to the damage done TO
the residue of the building by reason Of
the taking of a part tn. reof, If the jury
| find that such damages result thereto.
Middle Lines of Streets.
80. The jury are instructed that the
owners of lets bounding on existing roads
| and streets in this subdivision are the
owners of the soil in the streets opposite
their several lots, such ownership exte i'd
ing, in each case, for the fun width of the
abut:ing lot to the middle line of such
street, and being subject only to the right
OF passage by the public over said street:
duu ulfOH iEe Oh any Sucn
street as a public way, under the provision
of the statute under which this proceed
ing is had, such ownership will be
lieved of such right of public passage, and
il will be the right of any such owner of
abutting land to take possession of such
part of such abandoned street and exer-
else all rights of ownership over the same,
excepting Only where such abandonment
shall leave any lot or lots fronting on such
street without a frontage on either
existing street not abandoned a
street provided for in the plan of extension.
in which case said lots will retain private
right OF way over such abandoned streets
to the next cross street on either side, and
such abandoned street may not be closed
without the assent OF the owners OF such
lots. And they are further instructed that
in determining the damage to any lot, aris
ing from the abandonment of any street,
they should consider the benefit which will
come to the owner thereof, through such
relief of his land in such street from the
right of public passage and his consequent
right of complete dominion thereover. sub
ject only to the right of private passage
in special instances as above specified.
The General Rule.
A word of explanation as to that. The
general rule Is that where a man lays out
a tract of land into blocks and lots and
streets. and then conveys those lots by
number to purchasers. he is understood to
convey not only the land Up to the line of
the street to the middle OF the street. In
the case of country property, that is quite
substantial property, because If there
are trees in the highway strangers could
not cut them down. That would be an in
jury to the freehold. In the city that right
of property is much more eyanescent. 1t
amounts really to a mere theoretical right,
because man would not be allowed to
dig up the street in town i'm front OF his
lot, although he owns the soil under IL:
but still, theoretically, he owns the soil
under the street to the middle line of the
street. and when that street fs abandoned
the abandonment causes the land To the
middle Of the street to revert TO him. and
makes 1t his. Just as much as the lot he
has inclosed.
The Possible Contingency.
II you viii look at the plat. you viii find
that that contingency can only rise In one
or two instances. In the first place. I'm 10Th
street below Kenesaw avenue you will
observe that q street "a feet wide extends
down q certain distance. that ID, 10 the bot
tom OF lot r. The owners OF lots on either
side there can fnciose that street down 70
the middle. Below that point the property