Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-05-09
RAILWAY CASE HEARD
ARGUMENTS OF COUNSEL BEFORE
COURT OF APPEALS.
Original Proceedings for Extension Of
Metropolitan Road on 10th Street
Grounds Of Contention.

| The Court of Appeals today heard argu-
| ments in connection with the appeals grow
ing out of the old 10th street and Columbia
road widening cases. The proceedings were
| instituted under the authority of the act
| authorizing and requiring the Metropolitan
| Railroad Company to extend its lines on
| 10th street. The first section of the act
| authorized and required the railroad COM
| pany Ito extend by double tracks the lines
| OF Its underground electric railroad from
| its present terminus at the intersection of
18th street and COLUMBIA road easterly
along Columbia road to the present 10th
street northwest, thence north along 10th
street to Park street"
1t was provided in section That before
such extension shall be constructed Column
bia road shall be widened to a width of 100
rect, the present 10th street shall be widen
ed to width of So feet from Columbia
road to Park street." The same section
provides that the Commissioners of the
District of Columbia shall institute in the
Supreme Court of the District Of Columbia,
sitting as District Court, a proceeding
to condemn the land necessary for the
tension of Columbia road &c. The act
provided for jury of ''seven judicious dis
interested men, not related to any person
Interested in the proceedings, and not in
the service or employment of the District
of Columbia or of the United States
Duties of the Jury.
The jury were required to find the amount
of damages for each piece or parcel of land
condemned. and to assess for benefits any
or all pieces parcels of land which they
may have found to be benefited by the
widening of the streets to the extent Of
the benefits as they may have found them
to exist. And in determining the amount
to be assessed against the pieces or par
cells of land the jury shall take into con-
sideration the respective situations of said
pieces or parcels of land and the benefits
they may severally receive from the
tension etc.
The verdict of the jury was filed Septem-
Der q, 1900. October y, 1900 the appel
lants filed exceptions to the award of dam
ages for land taken and assessment of ben
efits
After the general objection that the
award of damages is grossly inadequate
and the finding of benefits is grossly ex-
cessive the objections filed attempt to point
out wherein the verdict is unjust and I'M
reasonable in nine separate paragraphs
With three exceptions the pieces or par
GELS of ground, part of which has been con-
demned in the proceedings, are lots in var
ious subdivisions. The exceptions are the
tracts of land owned respectively, by Geo.
P. Van Wyk, jr., Mrs. Mary Swain Thomp-
son and John NJ. Clapp. The three tracts
of land occupy the entire frontage on Co
lumbia road between Quarry road and old
10th street.
OF these tracts that of Mr.. Clapp is much
the largest, and extends north to within
17e feet of Kenesaw avenue. The land on
the opposite side of Columbia road had been
subdivided before the proceedings We're COM
menced and the land necessary for streets
III the subdivision donated.
Exceptions to Verdict.
Various other owners of land taken, as
well as owners of land assessed excepted
to the verdict. All of the objections and
exceptions were argued together, and after
due consideration by the court were over
ruled. A decree of final confirmation Of
the verdict, award and assessment was
passed on the 9th of July, 1901. From this
decree the appellant appealed to the Court
or Appeals on the 22d of July, 1901.
1t is commended that the court below
erred in failing and refusing to inquire into
and ascertain by proper legal proceedings
whether the verdict was unjust and unrea-
sonabe as to the lots; in finally ratifying
ana confirming over exceptions and obiec-
tlons, the verdict of the jury as to the
lots; in refusing to set aside and yacate
the verdict of the jury as to the lots