Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-07

and only one-half of the street remains.
until it runs down to join the line of the
new 18th street. The. owners of the lots
. along there. 80. 80. 81 and 81. on both sides,
can inclose all the way up TO the dividing
line between this subdivision and the own
er of the agricultural land on the west of
1t.
So that when you consider what damage
has been done to these lots by lessening
their depth. you Will consider how much
their damage is lessened by the addition of
that ground on the west of these lots
the lots on the east side to the remainders
of the lots.
With n Qualification.
On 18th street the same rule applies with
a qualification. There, 1 think, the own
ers of the lots on the west side of the
street have the right to inclose one-half
of that street. and the owners on the east
side would have the same right, except
that there are several lots there which are
inside lots, which have no connection either
with the new proposed highway or with
any existing highway, and they cannot be
deprived of a right of way Of the street.
So that the owners of lots ~. 80 and the
lower part of -. it being divided. will have
a right of way over the street either to
Kenesaw avenue or down to Columbia
read.
The owners on the east side of 18th street
cannot shut ii up because the inside own
ers. the owners of inside lots, must have
a right of way to the public streets. With
that qualification of the rule, the owners
of lots have a right on streets abandoned
to close them up
While j am on the subject of abandon
ment. 1 might as well refer to another
question i was asked by counsel for own
of lots above Kenesaw avenue, % an
M. and along there. to instruct you that
you can allow the damages that the own
ers of those lots suffer by reason of the
abandonment of 10th street below KeneSaw
avenue.
-.-. ProvisiOns of the Law.
The law does provide for damages for
abandoning streets, but the question is
what is damage occasioned by the TAX
ing of street? Upon reflection and an
examination of the authorities. I am of
the opinion that the owner of lot removed
from an abandoned street is not in a legal
sense damaged by abandoning the street.
He is not damaged specially by anything
that the public generally would suffer from
and all the parties around there. of course.
he loses the opportunity of passing over
the lower part of 18th street equally with
the owners of these lots above there. / do
not think. therefore, that they are en-
titled to any damages from the abandon
ment of 18th street below Kenesaw ave-
nue.. but that that damage must be con-
fined to the lots abutting on the street
abandoned That will be found sometimes
TO amount to very little and sometimes to
perhaps more.
So that. speaking again of these lots on
the west side of 18th street, while you
consider the advantage they may de-
rive from the opening of 10th street and
the damage that they may have suffered
from the reduction In the depth of the lots
you are also to consider the benerit they
derive from inclosing one-half Of 18th
Street.
Lots Excluded.
Now. 10 proceed with the other questions:
IS. The jury are instructed that in con-
cid tba f1r tHa faly af 10,
in this proceeding they shall exclude from
their consideration the following lots as
shown on The plat submitted to them: Nos.
12o. 123 IA. 125. 12e on Columbia road;
Nos III. 81. 81. IS. 50 Gu on 10Th street.
and Nos 60 on kenesaw avenue, these
having been disposed of by a former YER
dict and Judgment
20 The jury are instructed that in rem
dering their award of damages arising from
the abandonment of streets parts OF
streets as public highways. they will ex-
cludc from Their consideration the follow
iEg lots as shown tie plat of the sub
divisions in question submitted to them:
No IN. west part of No a. south part of
No. 3D. and north 10 feet of Nos. II and i6
on 18th street: No. ~, corner of 18th stree:
ard KeneSaw avenue. these having been
disposed of by a former verdict and judg-
ment.
Additions to Aggregate.
10 The jury are instructed that it will
be their duty under the law to add to the
aggregate CT their awards for damages of
all kinds the sum of ISL .7sS.3i1a being the
amount of awards for damages made by
a previous jury in this case and confined
by the court. and to assess one-half of
such gross sum upon those parcels of land
in the District of Columbia which in their
opinion will be benefited by the laying out.
opening and widening of the streets pro-
vided for in this subdivision. assessing
upon each parcel SO benefited its proper
proportional part of said sum. according
to the benefit which it will receive from
such laying out, opening and widening.
but in making such assessment for bene
fits. they shall. as to any tract, part of
which shall have been taken for such high
ways, OF part thereof. make due allowance
for the amount. If any. which shall have
been deducted from the value of the part
taken on account of the special benefit TO
the remainder of the parcel
Il will have TO explain that a little
further. and I will do so when 1 get
through with the other matters.
Requests of Property Owners.
There are some instructions asked also
On behalf of the property owners:
Il. The jury is instructed that in those
Instances where the use of a part of any
parcel or tract of land is sought to be con-
demned in this proceeding, the jury in
assessing damages therefor shall take into
for which il is taken may be to the owner
Or owners of such tract or parcel by en-
HANGING the value of the remainder.
Il think that is very clearly understood
If you find that lot, for instance. gets a
front on a much larger street than it had
he fore. large wide avenue. you may find
that 1t is benefited by having the front OH
the new street. and you can assess that
benefit In dollars and cents.
The benefits TO be taken into con-
s'deration are those and those only which
the jury shall find are special and direct
benefits to the part of the tract no. take1
and are capable of present estimate and
reasonable compensation. and are caused
or Will be caused. by the establishment:
appropriation and throwing open to public
travel of the proposed highways as Ge-
scribed in the subdivision of DenIson and
Leighton given in evidence
That Is, in estimating special benefits
on any one lot. you are instructed that:
Benefits From Highway.
80 General benefits that viii or may ac-
crue from the establishment Of said high
ways to all the lands IN the neishborhood,
or TO any other lands than the rcmainders
of the tracts not taken. are not to be taken
irto consideration by the jury in estimating
said special benefit.
Subjects for Confederation