Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-05
FOR $707.56.
Suit in Favor of Guild VS..
A., W. & G. Ry. Co.
Appeal from County Commissioners
Decision in Damage Case.
Case Of Harvey on Raising Of Grade
on Trial.

In the supreme judicial court, Asso-
ciate Justice William Penn Whitehouse
presiding, the jury in the case of A.
Manley Guild, appellant, VS.. The Au-
gusta, Winthrop & Gardiner Street
Railway Company, returned verdict,
late Monday afternoon, for the appel
liant, placing the damages at $707.56.
The Jury deliberated on the case about
an hour:
The case was one of land damages
and was an appeal from the decision
of the county commissioners. When
the Winthrop construction was built
the road passed through the land of
the appellant under the, act passed by
the Legislature of 1898 giving an cleo
trio railroad company the right of
eminent domain and giving the proper
tribunal the power to give Il fair value
to the property thus taken.
The case is the first of it's kind to be
tried in the Maine courts where an
electric railroad company has been in
volvcd although of course there have
been many cases where the litigation
concerned the roads run by steam.
The testimony on the part of the
plaintiff tended to show that the land
at issue was worth more than the
amount allowed by the county commits
sioners.
The defence contended that the offer
was just and equitable and the build
ing of the road greatly enhanced the
value Of the property. William ii. Nc
Clcllan, Esq, of Belfast and Joseph
Tr nf no n a M =
son & Burleigh of Augusta for the APP
pellant and Herbert NJ. Heath, Esq, of
the firm of Heath & Andrews and
Thomas j. Lynch, Esq, of Augusta
appeared for the defendant company.
Able closing arguments were made
by Counsel Heath for the defence and
by Counsel Mcclellan for the plaintiff
The charge of Justice Whitchouse to
the jury was able, logical, and impair
tial
While the jury held the Guild case
under advisement the second jury was
drawn, with Edwin II. Langston OF
Augusta as the foreman.
The case began before the jurors was
of a similar nature as the previous one
and the same counsel was retained. II
is an action brought by Elsie w
Harvey as complainant against the
city of Augusta. Although the city is
the technical defendant the Augusta
Winthrop & Gardiner Street Railway
Company is the real defendant and the
city is not liable in any way. The
reason the city is cited as the de-
PENDANT is the fact that the muni-
cipality granted right of way to the
railroad company.
The writ, stripped of its legal ver-
hagc. alleges that Elsie w. Harvey OF
ReadGeld complains against the city OF
Augusta; that since the first day OF
May, 1901. she has owned parcel OF
land on Stone street in Augusta; that
Stone street was a public thOrOughfare
in Augusta: that at meeting of the
mayor and board of aldermen of the
city of Augusta, May .. 1901, it was
authorized to raise the grade of Stone
street opposite and adjacent to the
premises of the complainant: and that
because the sidewalk was raised OPP
posite the land of the petitioners land
the average amount being four feet
the lot and buildings owned by the
petitioner were greatly damaged.
Tire Harvey case is an appeal from
the municipal officers of the city of
augusta who made an investigation
and who rendered her an offer in set
tlement.
After the opening by Attorney Will
hanson for the complainant the jury
visited the scene for an examination
and was ordered to report at $50
o'clock, this morning.