The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1900-05-18
VALUABLE
WATER RIGHT
Struck Jury Increases Award
for BigeIOw Brothers.

missioners Must Pay Additional
$3,OOO-Many Appeals Off for
Terms Some Settled.
In the Circuit Court, the trial of
the appeal from the award of the
Commissioners in the matter of con-
demnation of the land and water right
of James and George Bigelow, of New
foundland, at the instance of the
Board of Street and Water Commits
sioners of Newark, was the first case
tried by Judge Fort, after his appoint
ment as Supreme Court Justice. 1t
appears that the appellants. the Bige-
low Brothers, were the owners of a
large tract of land near Green Pond
back of Newfoundland, through which
the Pequannoc River flowed, the water
of which was wanted for Newark
and which was taken two years ago
when new reservoir was built. The
Bigelow Brothers conducted a saw
mill on their property and the value of
the property taken lay in the fact that
there was an extensive water power
connected with it, In January, 1898,
the commissioners made an award of
So, 500 and Bigelow Brothers not
deeming it sufficient, an appeal was
taken to the above Court from their
award The case has been hanging
fire since then, having been put off
from term to term until the present
one.
John W. Harding, of Paterson, and
E. A. Quayle, of Morristown, appear
ed for Bigelow Brothers and the City
of Newark was represented by Joseph
Coult, of the firm of Coult g. Howell,
of Newark, and Mahlon Pitney, of
Morristown.
The case was tried before struck
jury, which was empanelled on Tues
day, the first day of the term.
On Wednesday following, in charge
of the Sheriff, the Jury made visit
to the premises for the purpose of TAX
ing view The Tuesday following
the trial was continued before Judge
Fort. In the afternoon it's was ad-
journed until Thursday morning and
it consumed all of Thursday, Friday
and Monday, when the case was closed
and the jury retired. Their delibera-
tion took until 10 o. clock that evening
when they came in with a verdict Of
So, 900.
The case tried the mettle of Judge
Fort. it being a verysdificult one.
In the Morris Common Pleas, the
Jury appeals were taken up for trial
ON Monday apd the Court Appeals
Wednesday. The following is list
of appeals
The case of Charles Castle VS.. julius
Lang and William Lang has been dis
continued.
On Monday, Judge Vreeland took up
the disposition of the Jury appeals in
the Court of Common Pleas, the fol-
lowing being disposed OF;
Thomas Mcnamara, appellee and
Martin Mcnamara, appellant. On
Contract. Off for the Term by con-
sent.
Luther Wack, appellee and Lemuel
Neighbour. appellant. Off for the
term by consent. On Wednesday the
calendar of Court Appeals was dis
posed of as follows
James S. Adams, ct ais, partners,
&C., appellee, and Harry Wellbank,
appellant. Set down for June 1st.
Hugh Kelly, appellee and Nicholas
Marinaro, appellant. Not moved.
William j. Ridner, appellee, and
William E. Dixon, appellant. Off
for the Term.
George H. Youngs, appellee, and
Joshua S. Salmon, Ex'r, &C., appel
liant. Off for the term.
VIM A. Lawrence & Co., appellee,
and Kahn Bros, appellant. Appeal
dismissed
The L. A. Williams Publishing Co.,
appellee, and Louis A. Yeter, appel
liant Settled.
John H. Schmidt, appellant, and
p. Perry Skellenger, appellee. Off for
the term.
All the other Court Appeals were
either reported as being ready for
trial or fixed for day certain.
The only appeal tried was that of
Bertha Decker, appellant, and VIM.
F. Newbert, appellee. This was an
action originally brought in the JUS
tice Court to recover the amount due
upon book account. Judgement was
given in the Court below in favor of
the plaintiff for the full amount
claimed. The defendant appealed, and
ON appeal the action of the lower
Court was affirmed.
BOARD OF EXCISE.