The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-01

]. j. Cantey, acting as attorney for W.
o. Denison, recently submitted to :he
| Commissioners statement regarding cam
age to property on the corner of Thirteenth
and Hartford Streets, Brookland, by rea-
! son Of the grading OF said streets, and
he presents claim against the District
for $1,000
The facts in the case stand thus" says
! Mr. .Canty, Mr.. Denison is possessed of
| certain realty, with a house erected upon
the same, at the southeast jointure of the
| above mentioned streets. Hartford Street
has been graded to a possible depth of
| eighteen feet from the west side and ends
suddenly at Thirteenth Street. This is
quite contrary to the plan pursued in grad
ing the next parallel street to Hartford
Street on the south side. Furthermore
Thirteenth Street has been graded to the
same depth and only partially and not
half completed. Both of these half-graded
streets have been in an uncertain, I'M
comfortable, and injurious condition for
as much as year.
"On account of these facts Mr.. Denison
las been unable to rent the residence or
to make a sale, which he desires to do.
A family of relatives sojourns there, but
are subjected to dangers which have oc-
sinking of the house as a result of TIE
adjoining excavations. Mr.. Denison be-
lieves that on account of these facts,
namely, that the grading has been stopped
and matters left in an uncertain state, that
the house is sinking. resulting from the
adjoining excavations: that he is unable
to sell or rent the house; that an en-
trance cannot be made from the residence
either to the front or the sides, and only
from the rear; that the policy pursued In
the grading of Hartford Street and Thir-
teenth Street is detrimental and so radi-
cally different from the policy pursued in
the grading OF the next parallel street on
the south-that on account of these FIVE
facts and others which may be advanced,
Mr.. Denison has sustained serious and
permanent damage, which cannot be COW
cred with less than the full amount of
s5.O00.''
The complaint and application for dam
ages was referred TO the Engineer De-
partment for consideration and report and
the Computing Engineer c. B. Hunt, has
now sent a statement from his office to
the Commissioners, as follows:
''The work that has been done on Hart
ford Street between Tenth and Thirteenth
has consisted to date OF the grading of
sidewalk space, and incidentally and of
necessity of the roadway in preparation
for the construction of a cement sidewalk
under the assessment system, which has
been ordered by the Commissioner
ut is the intention of this office to
macadamize the roadway Of Hartford
Street from Tenth to Thirteenth, and a
recommendation TO that effect has been
made. This work has been conducted in
conformity with the established grades of
Brookland, and the circumstances which
the complainant relates are those which
arise from conditions Of topography and
are unavoidable.
THE completion Of the work OF grading
Thirteenth and Hartford Streets beyond
their intersection being a work of large
magnitude must necessarily and unayoid-
ably await arrangements which may here
after be ade-presumably through Con-
gressional action.
This is the history of such cases
through the District, nor can it be other
wise. The asserted sinking OF the Eause
as stated is denied as a fact. The other
circumstances, as to inability TO sell or
rent and the construction of entrances.
are matters which must of necessity rest
with the property holder. and in general
the relation of his property 10 established
grade and the effect of such relations
should have been discounted in his esti-
mate of the value OF his property, in which
event 1t would have been found that no
damage OF any kind has been done him by
the District in the manner claimed.
Il recommend that the writer be adj
vised that the District cannot recognize
any portion of the claim as presented"
This report of the Computing Engineer
the Commissioners yesterday approved and
ordered that the complainant be informed
in accordance Herewith.