The Farmington times. [volume] (Farmington, Mo.) 1874-1902, 1902-03-27
Assessing Damages.


~. w. ilighley, W. ST. Smith and
+. 81. Carter, commissioners appointed
to assess damages 10 the suit Of the
Southern Missouri W. j. s. GossOm Ct
al, made sheir report last Saturday,
assessing damages at o., 600" says
the Lead Belt News. The following
is the report made, sworn to and illed
by the commissioners, which speaks
for Itself aud shows that the News is
slightly mistaken;
A majority OF the commissioners, to.wit:
J. W. Highiey and Mack smtth. asssss the
damages which the owners. tho above
named defendants. VIII sustain on account
OF the appropriation thereof by plaintiff OF
the aforesaid strip, tract or parcel OF land
at the sum of three thousand dollars, ana
the minority o. said commission. tp.wit
y. NJ Carter. slsssnts from the award %
the majority OF the commissioners 20 tho
defendants ana owners ~ the property
aforesaid, Tor tho appropriation Of satd
a-EcrlilSd strip Of land by plaintiff ana
Etnter that said land Is not reasonably
worth moro than three hundred ana sev'
enty six ana ~ 10 dollars. and that tho
damages % the tract caused by the inca.
ton, construction ana maintenance 81 said
line OF railroad Of plaintin, would not
reasonably exceed four hundred d0llara,
ana farther says that the sum poracrc as.
sessed by the majority Of the commisslouF
srs. fe.wit Que hundred and twenty seven
and q 100 dollars per acre. or eight hun
drai dollars In the aggregate. is more than
tie aamo Is worth per aero, and that tho
sum OF twenty-five hundred dollars dnfn-
ages 60 10, tract nxrd by the majority OF
satd commissioners is excessive. and that
the total sum OF three thousand dollars Is
also excessive, and therefore tho said y. NJ.
Carter believes that said damages shonld
be ASSESSED OF the sam gf seven hundred
and seventy six dollars and eighty cents.
And having In all things fully complied
with ana fulfilled the terms OF said order.
the majority Of said commissioners pray
that this report O; their proceedings shCrc-
under nHy be- accepted aud confirmed aud
that they bu dismissed, ana likewise the
minority ~ said commission having fully
complied with and fulnlled the terms Of
said order as BE understands Il, praya that
his report Of the proceedings Hereunder OF
the commission may b. Med. accepted and
confirmed. ana that he be- hence dismissed.
J. ". uiGHLEY,
W. N. SMITH.
.. ~. GARTER
hut twO-thirls Of the commission
assessed $4,000 damages aud swore
that Il wts reasonable assessment.
Tho mineral rights yet belong To the
land owners; $4,000 for the surface
right to pass over 40 acres Of land is
pretty fair pay. The report of the
commission WAS that j. W. Smith aud
W. n. lIighley assessed tho damages
that the Gossoms would sustain ut
eS. 900, and +. n. Garter assessed
their damages At s556.60, a difference
Of s2,22S.2O between the majority
and aiincrily Of the commission The
amount Of land taken Is 2S acres.
The whole tract affected contains 40
acres. Tho majority Of the commits.
sion allowed the Gossoms $500 per
acre for the 40-acre tract and let them
keep all the land exeep, 2s acres.
This ought TO be entirely satisfactory
TO the land owu0rs. Evidently the
oompany's rights were not considered
except by the minority.