The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-31
UP N THE AIR
East Year His House Was on a
q Level With the Street.
NOW HE WANTS DAMAGES
Agent Has Filed . Claim for el.47o
Against the City for Changing the
Grade Of the Street-Three
Other Claims.

There Is another man living in East
Broadway in the Leggat & Foster ad-
dltion who wants the city's honey He
as Joseph Dewitt. who owns a house on
East broadway a block beyond Okla
homa went and the house stands ~
or IA feet up i'm the air above the
street. Up to last July il was on a
level with the street. 1t is because of
the exalted position which the house
now occupies that Mr.. Dewitt wants
money.
Mr.. Dewitt lives at Northport. Wash.
His agent is Thomas Mullaney. Yes
terday NJ. ID. Leehey, the agents attor-
ney, filed a claim for Sl.470 for damages
with the city clerk, to be submitted to
the council at its next meeting. The
amount claimed is for damages to lot
8. block 4 of the Leggat & Foster addi-
fiOn. by reason of h changing of the
Grade of East Broadway. N 1t Is
stemixed as follows:
Cost OF stone retaining wall. fronts $50
Cost of stone retaining corner and
sides $1,000. ioo
Plumbing. changing water pipes.
etc.,. ........ 49,. ......... W
Stairs to idewa ............... ~
Damage by. increased danger ..... 200
Depreciation in value ............. 900
Total --........ '>i,1'v
Mr.. Dewitt says in his claim that
some years ago the Leggat a. Foster
addition was accepted by the city.
There was then a well-established
street known as East Broadway. which
for years had been a public thorough
fare. Last July the city changed the
grade, leaving Dewitt clear up in the
air. and thus causing great damage.
This is the fourth of the claims that
have been put in by residents I'm this
section on account of the change of
grade last July which left them all so
far up that they need either a balloon
or an elevator to reach their dwellings.
Others claimants are Messrs. Holland.
Less and Handy. The council refused
all these claims, and since then Messrs.
Holland and Less have brought suit
against the city. Mr.. Devitt's claim
will doubtless also be refused n an
other suit brought. 1t is expected that
the matter will be taken to the supreme
court as soon as possible, so that an
authoritative ruling may be had be-
fore the city goes ON with n more
street grading.
81 shall not favor any more street
grading" said Mayor Harrington yes-
terday. until these cases are finally
decided. We proceeded according Ia
law all along, and III TINS does not stick
then none of the street improvements
can be made to. stick. We decided Ia
fix the grade on East Broadway. Then
last summer it was decided to grade
the street in order to make IL more uni
form. Our Intention was advertised In
the proper legal form and a day fixed
for the hearing OF protests from prop
erty-owners in that locality. hut not
one of the property-owners appeared
to protest against II. So we went on
and graded the street N charged uI
the cost. The claimants maintain that
a city cannot injure or damage tho
property Of an owner without his con-
sent. Our state law. however. permits
us to do street grading and charge tn,
cost to the property to the extent OF
IS per cent of the total cost. All oul
work last year was done under thai
law. II II does not hold Ii is a good
time to find ii out, and l am not In
avo of any more grading until this !.
finally determined"