The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-02
SETTLEMENT IS IN sight
STREET FRIDGE MATTER
FOR $4,000
NORTHERN PACIFIC WILL PAY
Rather Than Face the Uncertain
ties of Expensive Lawsuit, 1t
VIII Probably Be
Accepted.

City Attorney Markham has at length
succeeded in arriving at an understand
ing with the Northern Pacific in regard
to the liability of the company for the
destruction of several spans of the Sixth
street bridge, which occurred in Deem
Der, 1898. At that time the st. Paul &
Duluth had not yet been absorbed with
the Northern Pacific, and it was one. of
their engines that jumped the track and
carried away the span, with such a
wonderful escape from the wholesale dis
aSter to human lives.
The bridge was closed to traffic for
long time, and the railroad refused to re-
build 1t, SO that at length the city was
compelled to undertake to do so, but
with the understanding that suit would
be brought to recover the cost The
questions of fact and complications of
the legal points bearing on the affair
have been such that the city has hest
tated to commence proceedings hoping
to arrive at friendly settlement which
it seems has at last been accomplished.
The opinion of the corporation attor-
ney recommending that the city compro-
mise their claim for $4,000 was to have
been presented to the assembly last
night, but as that body failed to trans
act any business no action was taken.
The opinion of the corporation attor-
ney is in part as follows;
L lind on investigation, that originally
Sixth street did not extend across the
ravine, in which the railroad tracks are
located, but that in 1891 the city insti-
tuted proceedings for the opening, widen
ing and extending of Sixth street, from
Brook street, on the west side of the
faVlne, to Commercial street, on the
east side thereof. An assessment of
| damages and benefits resulting from
such condemna ton proceedings was made
| by the board of public works. and there
was awarded to the st. Paul & Duluth
Railroad company the sum of 81, which
amount the company apparently, declined
| to receive, at least the records show that
IL has never been paid. These condem-
| nation proceedings are very irregular
| For instance, the statement of the land
| to be taken, is, all of the land within
| Brook street to Commercial street, Eek
| cept land owned by corporations, and
| for condemning and taking an easement
| for bridge purposes in ''ali lands owned
| by corporations within said lines.
| think this is too indefinite and uncer-
| tain to constitute valid condemnation
| company | drew the complaint upon the
! theory that by the construction of the
! bridge, and the opening and extending of
! the street, and the continued use thereof
! for more than six years, the city had
| acquired the right to maintain the
| bridge as a part of the street, practically
| resting our rights to maintain the bridge
| upon the statute which provides that
| where a street has. been opened, worked
| and maintained for period of six years
! without objection, it shall for all intentS
and purposes be deemed a public street.
The railroad company, in it's answer, sets
up a contract with the city, under date
of July 27, 1887, which, in terms, grants
to the city. the right to CONSTRUCT this
| the right of way of the railroad company
a points to be agreed upon between the
! city engineer and the engineer of the
company.
! After careful consideration of the en-
| tire situation, l wrote to Mr.. G. w Bum,
| general counsel for the company, under
date of the 18th ult., saying I would
recommend to the common council that
the suit be settled and dismissed upon
! payment by the company of $4,000 E
have Mr.. Bunn's reply to this saving that
strongly that it is not liable, and that
| the accident happened without any neg
! ngence on It's part, they, however, rec
ognize that there are uncertainties about
all litigation, and that they have con-
! cluded to accept the offer if the COM
mon council shall be of the opinion that
! it is a proper one.