Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-05
DAMAGES AND LOSSES
CLAIMS OF CITIZENS RE3G1Q
ALONG LINE OF SEWER.
The Construction Through Arthur
Place Basis of Statement-Capt.
Gaillard's Estimate.

Capt. d. D. Gaillard, assistant to the En-
gineer Commissioner of the District. Cap
tain Beach, has transmitted to the Com
missioners a statement relating to dam
ages and losses alleged to have been sus-
tanned in the construction by the District
of the sewer through Arthur place. The
damages relating entirely to injury to build
ings. states Captain Gaillard, were based
upon very careful inspections. made before
and after injury, by Mr.. c. w. Somerville,
an assistant inspector of buildings, and
they aggregate $13,3ss.1O The property
owners found to have sustained injury to
their property were: Joseph G. Hester S694;
Caroline J. Harper, 1865; Edward w. Byrn.
S415; Candace Crawford. $40, 434; District of
Columbia arthur School building. $S1.6O;
Rafael Blast, S261. so; Clementine N. Bart
lett, $50; Michael Toscano $40; Frank Mas
sino, sos, and Mamie +. Norment, 1916.
In the case of Mrs. Candace Crawford, 1t
is stated. she was ordered by the inspector
of buildings to vacate her house the 3Oth of
last September. and she promptly obeyed.
Her house has been vacant ever since, is
now unfit for occupancy, and 1t is believed
If this is done, states Capt. Gaillard, it
seems obvious that the new building can
not be occupied before the first of next
November, and he recommends that what
ever monthly damages the Commissioners
see fit to award Mrs. Crawford for loss
to her business should extend from Octo-
Der l, 1899, to October 81, 1900, inclusive.
Tenants of Damaged Premises.
Capt. Gaillard finds that NJ. Duncan and
s. Umbernour are tenants of premises dam
| aged by the construction of the sewer. Be
| cause of such injury their boarders became
| frightened, vacated their rooms and did
| not return up to the time the work through
Arthur place was completed. The premises
were considerably cracked by the construc-
| ton of the sewer, Capt Gaillard found,
a fhnSn rnIrS dove unit rovail
ly, he thinks the ordinary tenant would
| have been justified in believing that a per-
sonal risk existed in remaining in the
| houses. although at no time did the munich
| pal authorities apprehend that the safety
| of the buildings would be endangered. and
| so informed the claimants. Mrs Crawford
places her loss because of the vacation of
| her house at $3.50 month"; while M Duncan
places his at 100 in all. and S. Umbernour
at $125 per month for three and two-thirds
| months.
Miss Kate Eyre also claimed damages,
| she being tenant of 2O4 Arthur place
| There Is no claim for damages to this
building, states Capt. Gaillard. and he does
| not see how the District could properly
| award Miss Eyre damages without estab-
! fishing precedent which might apply in
| case of any sewer constructed in any of
| the streets of the city. Because no claim
| has been made for damages to the building
| occupied by her. Capt. Gaillard says, 1t is
| fair to presume her roomers could not have
| entertained reasonable fear as to their
| personal safety during the operations In
| Arthur place.
| He says some of her boarders left because
| of the condition of the street, and Capt
| Gaillard says. while he does not doubt her
| statement. nor can he deny that the street
| was badly torn up and the local conditions
| rendered very unattractive, yet practically
| the same annoyance and inconvenience ex-
| listed in front of every building on the south
| side of f street during the construction of
| the large sewer there several years ago
| and must exist in the future, he thinks
| during the construction of any similar
| sewer.
Amounts to Prohibition.
| To award damages for Inconvenience or
| annoyance during the prosecution of NUM-
| c.pal work would, he believes. be tanta-
| mount to a prohibition of its execution. II
all the losses allowed except in the case
| of Miss Eyre, the total amount will be, he
| estimates, s17,22643.
Congress at Its recent session appropriate
| ed the sum of $4,000 to be paid those per-
| sons found by the Commissioners to have
| suffered injury because of the construction