The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-06
GUY FURNITURE co.

a great series of holes or avenues OF
| escape or theories, but they do not
select any particular one and tell you
that they think that identical aper-
ture is large enough to permit the city
| to crawl through even when led by dis
| tinguished counsel, lettered experts, and
a long array Of lesser lights in the tan
dem team.
They leave il to you to select IL you
can from the choice selection they have
furnished you such a theory of damages
as you think will land them the lowest
down the scale regardless of the lu-
dicrous appearance Of the fight.
Excepting small number of scientific
experts called in behalf of the defense,
all of their witnesses upon the question
of value give as the reason for the
| figures which they state the almost in
variable answer, 1T is my judgment
1t seems to us that they have defined
their mental operations by unquestion-
ably the wrong term. A Judgment is
not in many IL any instances what they
actually give you but the figures they
do submit are rather simply guess. A
judgment and an intelligent opinion Of
an expert witness you have q right to
consider you have no right to listen a
moment to the guess of any man.
Trusting that you will eliminate from
your consideration all witnesses who
have not come fully up to the standard
of qualifications to express an opinion,
and then such witnesses as having the
qualifications, yet have not had before
them and considered the material and
necessary elements Of fact upon which
to found an opinion or judgment, or
such witnesses as being qualified and
having possession OF all things neces-
sary to form an opinion, have not pro-
ceeded in a rational way to their con-
oil nd or priNF In
sight as to the way in which the re-
suits they have given have been
reached.
Upon all the evidence, it is our con-
tention that we have brought ourselves
within the rule of proof required by
law. and have fully established; that
the area Of the shed taken is 2627 acres;
that the yield of the water shed is
equivalent to that of the Sudbury yield,
and is 5000 gallons per day throughout
the working days of the year; that the
area of the reservoirs taken is 24003
acres; and that their total capacity is
622, $40. 666 gallons, exclusive Of Waite
meadow reservoir; that the title Of the
petitioners seYerally is sufficient for the
purpose Of maintaining these actions;
that the gross and the net efficient head
at each privilege is that claimed by the
petitioners; that all privileges below
the reservoirs are entitled to the fun
benefit of the reservoired condition of
the stream; that beyond doubt Peter
brook is naturally within the area of
the shed taken that the value of reser-
voirs as sources for water supply,
standing uncontradicted, must deter
mine that contention wholly I'M favor
OF the petitioners; that the water stored
in the reservoirs, at the time Of taking,
like a harvested crop, was our property.
for which all privileges naturally re-
celving benefit therefrom. should be
paid; that the undeveloped privileges
were OF substantial value and being
taken. the city should pay the full
measure Of their value; that the dam