Evening star., 1902-04-05
Order Condemning Land for
Sherman Avenue.
NEW TRIAL GRANTED
RIGHT TO SECOND JURY IN nth
STREET CASE CONCEDED ALSO.
Action of Court of Appeals in Proceed
ings for Important Improvements
Effect of the Opinion.

In the case of Jesse Brown and Rosa
Wallach, appellants, against the Commits
sioners of the District of Columbia, the
Court of Appeals, in an opinion written by
Mr.. Chief Justice Alvey. has reversed the
order Of the Supreme Court of the Dis
trict of Columbia, sitting as district
court. and remanded the cause that pro-
ceeding may be had and a jury of twelve
ordered, as directed by the statute
The order appealed from was in the
matter of a proceeding instituted by the
District Commissioners to obtain condem-
nation of land necessary for the extension
and widening of Sherman avenue from
Florida avenue to Whitney avenue with the
uniform width of 100 feet.
A jury of seven was summoned in the
case and a verdict was filed May 9, 1900,
whereby damages were awarded and as
seSsments We're made to the extent of one
half of the damages and for benefits to
the abutting or adjacent lands. Although
the appellants, as owners of land embraced
in the verdict, filed exceptions the court ac-
cepted and confirmed the verdict.
The only question on appeal was one OF
law-whether the exceptions to the verdict
of seven should have been taken and treated
by the court as an expression of dissatls-
faction with the verdict by the exceptants,
and thereupon making it incumbent upon
proceed with the work of condemnation, to
order the marshal to summon jury of
twelve. as directed by the statute.
The Court of Appeals holds that there
was error in confirming the verdict of seven,
Notwithstanding the exceptions filed there
10, and, stated. it is directed that the
order appealed from must be reversed, and
the case remanded, that proceedings may be
taken and jury of twelve ordered, as
provided by the statute.
E1n->2%b c%ron% roe>
In the case of the Commissioners of the
District of Columbia, appellants, against
Eugene Byrnes and others, relating to the
extension of 11th street, the Court of Ap-
peals has handed down an opinion written
by Mr.. Justice Norris. in which it is set
forth:
by the discor1ant tenor of judicial de-
cision the appellants were induced to fore
go a right which should now be restored
to them, that of Summoning second jury
of assessment, if they now desire to avail
themselves of that right. They may prefer
to forego that right; and they may prefer
no longer to contest the proprety and JUS
tiCe of the assessments. If they SO elect
the court will, of course. enter the proper
order or decree in the cause. If, on the
other hand, they elect further to contest
the matter according to law. they should
have the opportunity to do so. This court
therefore, should not now direct any final
order or decree TO be entered by the court
below in the premises.
The order appealed from, and only SO
far as appealed from. will be reversed;
and the cause will be remanded to the
Supreme Court of the District of Columbia.
with directions to vacate such part of said
order. and for such further proceedings in
tie cause, according to law, as may be
right and just"
1t is stated that the effect of the fore
gong decisions will be a reassessment of
benefits in connection with the extension
Cf Sherman avenue and 11th street. If an
assessment of benefits by second jury
should be equal to in excess of the as
sessment by the first jury, it is said to be
a question whether or not the property
owners would be called upon to pay the
costs Of the proceedings before the second
iLry.