The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-14


for the best interests of the people in the peti.
TONERS county for the turnpikc, road or high
way, or part thereof to be made free from
tolls and tolgatrs and whether or not 'he
same is condemned by such jury of 'cw for
public use free from tolls and toll gates and
II the whole Of said turnpike, road or hgh%ay
lying in the petitioners county is not condemned,
but only part thereof, then such part shall he
clearly designated and described; and 10 which
report shall he attached map or draft ~ said
turnpike road showing definitely the points he
tween which the same is condo ned for public
use for the turnpike, road or highway, or part
thereof il the same shall BE condemned for
public use as aforesaid"
,,, "a, r,,r main
NM VI III" "'N''
The map attached to the petition Is not
map Of the cntir" road, hut OF that portion only
lving IN Ldckawanna county. 1t might nave hc'n
desirable, in the case at bar. 10 have had n
map of the whole road, hut certainly 1t Is not
essential Ihe part ot the ROAD 10 he condemned
is the whole or part OF the road lying III neu'
TONERS county The viewers had no jurisdiction
over the part OF tho road lying IN wyoming
county II is true the act SAYS that there ShaIl
he attached TO the report "a map or dra't ot
sad turnpike road but the object of the map Is
(" show definitely the points between whlch
the same Is condemned for public use The Oh
lection is at best OF technical character, al
'h'HEh II - Hl''' 'N''h'Is ''' Nh' I'NF''N' VI
leading in preliminary way to an objection
OF more substantial character which Is raised
by the third exception. as follows;
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''"' warn, o,. ,,,,,, ANA,
| ''''" w ''''' AM
BY Mr.. Prcc--Q. What is the value of that
| portion of the road in NNu'ing county, II the
portion "f the road in lachawanna county is CON
dcmnodE
| BY Nr llolgatc-No object 10 that.
| BY the Mastcr-i VIII admit 1t; note an cX-
| ception and seal bill for the petitioners.
| \. ! should say 5000 TO Sl,NW.
| Q. How could You put tolgate on It? Sup
pose Yon couldn't put toll'Gatc on il? Then
| il wouldn't he worth ANYTHING.
| BY Mr. HolGate-Wc object to that.
| BY the MaNtcr-Ndmt II. Note an exception
| and seal bill for the petitioners.
| \, II is not worth anything il we can't put n
BY a Nicwcr-Q How could YOU put toll.gato
| there? \. We couldn't put one there. II he had
| lett us few rods this side OF the line we might
put one up.
| Taking this testimony and that a. To the cam
| inGs ot the road and the value Of The stock, to-
| gcthcr with the instructions Of the master rs n
| the measure ~ damages We are Of the opinion
that the whole road and its value was fairly he.
| fore the Niewcn. We concCdo that it was tie
| duty Of the jury 10 take into consideration the
effect Of the condemnation of the part NJ tho
| road living in IachaWauua county on the remain,
ING part Of the turnpike. II the turnpike com
panv wanted more spcrihc instructions on thi,
point they should have requested them from tho