The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-16
CITY THOUGHT 1T OWNED 1T.
THE RIGHT OF WAY FOR THE
WATER WORKS TREsTLE.

in MistrIaI-sAn Estates Funds
observation-disclosures of the Late
John +. Williamson Paid-TXvO
Gamblers Fined $500 Each in the
City Court-The Lucas Case Con-
tinued.
After having occupied the time of the
superior court for three days and part
of the fourth, mistrial was declared last
night in the case of E. F. and R. P. Lowell
VS.. the city of Savannah and the Flor
ida Central and Peninsular railroad.
The case was given to the jury yester-
day morning after Judge Falligant had
! delivered his charge. Under Judge Falli-
gant's charge it was necessary for the
jury to find damages in some amount for
the plaintiffs, the amount of damage be-
ing left to their judgment of the evidence
and the law. 1t was the amount of dam
ages which the jury was unable to agree
upon. The jurors stated that there was
no possibility of agreeing, and so a mis-
trial was declared.
The Lovells, as the administrators of the
estate Of their father, the late Edward
Lowell, sued the city and the Florida Cen
tral and PeninSular railroad for treSpass
upon certain lots in which the estate has
| a leasehold interest, adjoining the new
water works, the city having, when con-
structing the new water works, run the
trestle of the track now used by the Flor
ida Central and Peninsular railroad,
across the lots cutting off the corner of
two lots. 1t was also claimed that the
city had placed a portion of the conduit
and one of the arteslan wells on one of
the lots. This was denied by the city,
which claimed that the well in question
was in Stiles avenue, which was claimed
to have been an open street for years.
The plaintiffs denied this claim
1t was developed in the case that the
trestle was run across the Lowell lots
through error, it being supposed at the
Time that the city owned the right Of way.
When. Mr.. w. G.. Cam, then chairman of
the water committee of council learned
OF this error he went TO the Messrs. Lowell
and offered $500 as full compensation on
the part of the city for whatever damage
had been done to the property by the erec-
ton of the trestle and other work at the
new water works. This the Lovells de-
clined and demanded compensation
amounting to about $4,000 This was
promptly declined by the city, being con-
sidered to be more than the full value of
all the lots leased by the Lovelis. Moth
ing was done for two years or more when
| the suit which has just been tried was filed.
They demanded damages for trespass and
| $1,000
The Messrs. Lowell declared that the
property was valuable to them, that it
had been used as timber basin and might
under certain circumstances, be so used
again, or for mill or a factory site but
| that the railway trestle had injured its
value for such purposes. Mr.. S. B. Adams,
| representing the city, commended that there
| had been no damage, that the property
| had formerly been used as a timber basin.
| but had been put to no use for a number
| of years, and that it was practically out
| of the question that it would ever be used
| for such purpose again, the use of the
| Ogeechee canal having been discontinued
| ana there being no probability that 1t
would ever be put in operation again.
Had the jury decided in favor of the
Messrs Lowell to the full extent of their
| claim, they would not only have been
given damages against the city, but a
/ writ OF election against the city and rail-
! road and mandamus forbidding them to
use the railway track and such other
! property as had been placed on the land
without permission of the lessees. This
| would have placed the owners of the
| property in position to demand any terms
/ they saw fit of the city and the railway
| company for the use of the portion OF
their property trespassed upon.
An order was issued by Judge Ferrill in
the ordinary's court yesterday fixing the
distribution of funds of the estate of the
late John p. Williamson.
Capt. w. w. Williamson, son of the de-
! ceased, was the administrator. He report
ed that he had in his hands funds amount
ing to $1OS9i, belonging to the estate. The
administrator was allowed $37411 as fees
and was ordered to pay $50 attorneys fee
TO Mr.. G. w. Owens. Specific legacies were
| ordered paid as follows: James L. Rankin
| and Mrs. Amelia Beckwith, $1,000 each,
Mrs. Harriet Ann Booth. $14OO, and Miss
Anderson Williamson, 81, 2S75O. A specific
legacy of $4,000. was ordered paid to
Eliza Anderson Williamson, executrix of
the estate OF Madeline Williamson.
The distribution of the funds of the es-
tate was a somewhat complicated proceed
ing, the ordinary have been engaged upon
it for the last two days.
Charles Freeman and r. Massart plead
guilty to the charge of gambling in the
city court yesterday, and were each sem
fenced by Judge Norwood to pay fine
of $500 or spend u months in Jail 1t is
understood that the fines will be paid.
In the city court yesterday the case of
! Mrs. Belle Lucas against the Florida,
| Central and Peninsular railroad was con-
tinued until Monday morning at 10 o clock,
the jury being dismissed until that date
the cause of the continuance being the
continued illness of Mr.. Davis Freeman,
the attorney for the railroad. Mr. Free
man hopes to be able to appear by that
time
The bills OF exception and transcript of
records in three cases were transmitted
TO the supreme court yesterday by Clerk
]. X. p. Carr of the superior court, the
cases being Guilmartin versus the Middle
Georgia and Atlantic railroad, the turn
pike commissioners versus the Vernon
shell road, and the state versus +. b. KEEL
ler
In the superior court yesterday a verdict
for the defendant was rendered in the suit
! of S. c. Stewart against the Savannah,
Florida and Western railway. The suit
was for the value OF a milch cow killed by
the railway company Sept. 15 1894. A
verdict for 800 was secured I'm the FMS