The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-03

f, The District Commissioners yesterday
| sent 10 j. W Babcock, Chairman OF the
House Committee of the District OF Column
bia. report on the bill providing for the
| relief of the owners of certain property
| in Brookland In this report the Commits
| sioners say:
THE bill confers jurisdiction upon the
Supreme Cour; OF the District of Columbia
| TO entertain claims for alleged damages to
property in the subdivision of Brookland.
in the District of Columbia by reason of
the change of grade of certain streets
which have been improved therein Under
appropriations made by Congress. The
facts in the case are about as follows;
The act making appropriations for the
expenses of the government OF the District
of Columbia approved June so. 1898. con-
tanned an appropriation of S1l, 900 to grade
and regulate Providence Lansing, Hart
ford. Tenth, and Twelfth Streets. Brook
land and improve the connection between
Twelfth Street and Brentwood Road. In ac-
cordance with an established practice OF
the office the grades OF these streets had
been previously established in 1890 or 1891
but very little grading was done On any
the WORK was commenced under the appro-
priation before referred to, several OF the
property owners upon Hartford and Proy-
dence Streets. between Tenth and Twelfth
Streets, protested against the filling which
would be necessary to bring the streets
10 the established grade. The grade on
Hartford Street was the same as that es-
tablished in 1890, or 1891 but the grade of
Providence Street was raised five feet at
in. in nr1ar IN ne he
extension OF the sewer system which sup
piled that part of Brookland.
LAS far as could be ascertained the par
ties VINO had built their houses upon these
streets did so without Obtaining the estab-
lished grades from this office. but built
them TO conform to the surface OF the
ground and as a result. when the streets
were brought to the established grade they
were compelled TO raise their houses to
meet the grade of the streets.
Grades for streets are only established
after thorough and complete study OF all
conditions. existing and future, and in es-
tablishing them the District endeavors to
do as little damage to AUDITING propertS
as is possible, consistent with the interests
of the public in general. This was done
in the present case.
Claims for damages by reason OF
changes of grade have never been recog-
nized in the District. except during the
Board of Public Works regime when on
account of the damage done by the very
radical changes of grade in the city
streets. and the further fact that the abut-
ting property had been assessed for the
street improvements, Congress authorized
a f1ard OF audit to examine into such
claims. This was in 1874. and Congress
was no doubt induced to do this by reason
of the very radical changes in grade. and
the fact that the entire cost of the street
Improvements had to be paid by abutung
property No such conditions exist in the
present case as the change in grade is not
radical. and no portion of the cost of I'M
provement is charged against the abutting
property.
There is no common law liability for
damages on account of change Of grade, but
such damages il they have resulted have
been considered as coming within the
principle of damnum absque injuria. IL is
believed that to establish precedent OF al
lowing damages for changes in grades. such
as would be established were this bill to
become law would be most injurious 10 the
interests OF the District. Congress would
be flooded with bills for relief on account
of such damages. and if the principle were
generally established the Commissioners.
before entering upon the Improvement OF
highways. would have TO take into consid-
Grafton all the damages which might De
claimed by abutting property owners.
For these reasons the commissioners
recommend unfayorable action Oh the bill, I
not deeming il a measure that should be |
iptn IL