Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-05-10
BELLOWS FALLS.
DAMAGED BY ELECTRIC ROAD
Hearing in the Case of the Abutters
Who Are Not Satisfied with Terms
Of Settlement Proposed.


One of the most important and in
teresting legal cases for some Lllile
hogan Tuesday in Judge Reads ONCE
continuing during wednesday, wien
an adjustment was secured 10 July
20. It was the case of the Pine st,eGC
abutters for damages caused u CnSl
property by the cutting down Oh tne
grade when the electric road was pullC,
At the time the selectmen aWaIueu
damages as follows: FalrDank prop
erty, S5OS.33; Parkers properly
solo &c. c. II. Burr, $50; George A.
WRIGHT S25. This was unsatistac-
tory to all except Mr.. Burr and an
enneal was made for the appointment
Of commissioners. Because OF va
rious unfortunate circumstances the
hearing has been delayed until now.
The case was heard by w. e. john
son of Woodstock, E. l.. Waterman
of Rrattleboro. and George weston,
renresenting the electric road Judge
Road and Charles Robb, representing
fine property owners; and Charles H.
Williams and F. A. Bolles appearing
for the town. H.. - ...oa
At last years town meeting 1t was
voted that the town pay $lOOO toWaIu
whatever damage was incurred at
that point and anything above thatt
figure falls upon the electric ROAD
TO nav. Among the witnesses was
r. /. Grimes. a civil engineer from
Rutland. His estimate in detail OF
excavating and building retaining
walls around VII Fairbanks properly
was S4S73 he estimated Or. Parker
damage at $1656. Among the other
witnesses in the interests OF the prop
erty holders were p. H. Hadley, Jonh
O. Spring, John T. Moore, Z. II. hoo-
ertson. Wyman Flint, Wallace WhlIe
4. e. Keefe, p. d. st. CrolX, George
A. Wright and f. G. Fairbank' bacG
of the witnesses varied in the methou
of arriving at the damage, estlnaI-
ing the damage to the property after
the retaining walls were put in, al
the way from 500 to $500 on the
Eairbank place, and from $500 to $1,000
on the Parker place Wallace White s
estimate was the lowest, being $tOO
and $500 respectively, while c. e. ROD
ertson estimated Mr.. Fairbanks dam
age at S25O0, and John I. Moore
thought DR.. Parker's property dam
ageu $1,000. 1t will thus Ne seen -ha'
if the Rutland engineers estimate o.
the cost of the wall is correct, ana the
nropertv then damaged as estimated
the expense of the electric road VII
be heavy. f. {. Fairbank estimates
his place will be worth $500 less, ant
George w. Wright estimates his $5OO
Mr.. Burr settled with the road anC
town last year. The above evidence
was given in behalf of the complain
ants, no evidence being introduced II
behalf of either the town or electro
road. One of the principal witnesses
for the road, Engineer Nash of Provl
dence, r. l.. who surveyed the railroad
and this cut was unable to be present
On that account an adjournment was
secured. The retaining walls were
only partially built last fall, and the
cut remains in an unfinished condition
owing to this litigation. Mr.. FAIR
bank testified that his new wall so IA
as laid had cost him $133S.O6-SSl3.4.
for wall and $496.96 for eXcavatint
and grading. With the wall and law
graded he thought the place would b.
worth only from $4,000 to $4,000, while
he thought it worth before the cut wa
made, from $500 to $4,000; but whel
asked what he would take for thu
place he said it was owned by othe
members of the family and he had NJ
power to sell.