The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1902-04-03

The First National Bank of Lewiston
is suing the city Of Lewiston for 1880
damages alleged to have been suffered by
the change of street grade at the time
the new nlacadam was put down. The
contention Of the plaintiff is that the
grade was established in 1883 and that
the vollmer building was built to con-
form to the old grade. The trial Of the
case came before the district court Tues.
day
The plaintiff introduced city records to
show that by resolution the city council
directed the street commissioner, J. b.
Menomy, to employ surveyor and es-
tablish grade for Main street. w. p.
Bell testified that he was employed by
Mr.. Menomy and made the survey.
Harry Madgwick, contractor on the Voll-
mer building at the time of its construc-
ton, testified that the work was DELAYED
by the controversy between the city and
Mr.. Vollmer regarding the establishment
of the grade. William Phillips testified
that he had constructed the foundation
work on the Vollmer building and that
his work was delayed by the grade con-
troversy. DR.. M. A. Kelly testified to
having knowledge Of the difficulty be-
tween the city and Mr. Vollmer over the
question Of the grade. John p. Vollmer.
president of the bank, was put on the
stand and testified as to the damage sus.
tained by change of the old grade. He
said that the present basement had been
rendered practically useless by the
change, that the light was shut out and
that the street drained into the cellar.
He testified that owing to the change the
rental value Of his property had depfe-
ciated one-half, and that by the lowest
estimate given him by contractors on
raising the building to conform with the
new grade it would cost him 5000 to
make the change, and that this cost
would not include damage to the building
sustained by the change. He stated that
at the time Of the construction Of the
building he had endeavored to have the
street commissioner, MIR. Menomy, raise
the grade and failing in that had petit
toned the council but that this petition
was rejected and he was forced to build
Oil the present elevation.
| The defense introduced T. b. Cooper to
testify that he was q member of the
council when w. p. Bell made the survey
in 1882 and that he had no knowledge
that such survey was made to establish All
official grade. but thought it merely
determined street lines. He had been g
member of the council at various time.
since and had no knowledge of an
establishment Of an official grade prior to
1890. Mr.. Weisgarber also member o
the council at that time, and since till the
present council, testified that he had nc
knowledge Of an official grade prior to
1892. George A. Frost testified he had
assisted Mr.. Bell in the survey of 1885,
and that the said survey was made to give
the elevation of sidewalks. City Attorne,
Mcfarland stated on the stand that hi
had made a thorough search Of the officia
records and could find nothing to show
that an official grade had been established
prior to 1889.
The evidence was concluded yesterday
and after arguments of counsel, Attor
neys Babb aud Tannahill for the plaintiff
and S. l.. Mcfarland for the city, thu
case was submitted to Judge Steele ant
was taken under advisement.
To Save Flour Gold.