Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-19
Long Drawn-Out Action Over
Right of Way Damage
Brought to Close Tuesday.
SET IN FEDERAL COURT
Railroad Pays Plaintiff
$3.50 in Cash, and Agrees on Other
Concessions - Plaintiff is to Pay the
Costs of the District and Supreme
Court Proceedings.

The famous case of Jane V. Myers
VS.. the Chicago & Northwestern Rail-
way Company has at last been settled,
and without a trial in the United States
circuit court The case was assigned
for trial Tuesday before Judge McPher-
son, at Des Moines, but arrangements
were perfected whereby the settlement
was effected without trial. The railroad
company pays to the plaintiff the sum
of SO, $50, and agrees to certain conces-
sions The settlement is considered by
plaintiff as favorable to her, and she is
perfectly satisfied with the result.
The case that has finally been brought
to close has been bitterly fought from
its inception in the summer OF 19oV
That was the year the Northwestern
did it's second track work thru this sec
ton of the state, and in revising It's line
and grade west of this city took occaS-
ion to condemn certain land on the line
Myers farm of SAG acres. in Washington
township. about two miles west of La
Noble. The railroad used practically
nine acres in crossing the farm, and a
small sized war was threatened be-
tween employees and Sam Myers and his
friends. Hostilities even went so far
that Sam Myers attempted to defend
his property by force, and was station
ed in Windmill with loaded shotgun.
threatening the lives of any who would
put a foot on his land. The sheriffs
officers were called upon by the rail
road company for protection and the
track was laid, as the company had set
out to do.
In March, 1900, proceedings were be-
gun by the railroad company applying
to Sheriff Shoemaker for a sheriff's jury
to condemn the right of way thru the
farm. The jury met, appraised the
land, and found that Miss Jane v. My
ers, of Philadelphia. in whose name the
land is owned, had been damaged in the
sum of $1,000. The plaintiff appealed to
the district court The defendant at once
filed a petition for the removal of the
case to the United States circnit court,
on the grounds Of the citizenship of the
cerned were residents of different
states. The plaintiff resisted the petit
ton and Judge Caswell overruled the
before a jury in Judge Caswells court,
resulting in a verdict for the plaintiff
for $4,000. The defendant then appealed
TO the supreme court, which recently
reversed the lower court, and set aside
the Judgment obtained therein. The
defendant proceeded to file record of
the case for the federal court and it has
been continued from term to tern.
pending the federal courts decision.
Upon the final assignment for tria,
Tuesday witnesses to the number of
twenty-five or thirty appeared in Des
Moines, but after lengthy negotiations
the settlement was effected and the
services of the witnesses were not
needed. The terms of the settlement
in full are as follows: The plaintiff
agrees to pay the costs of the trial in
the district and supreme courts, which
had already been determined against
her by the supreme court. The defend
ant agrees to pay the costs of the sher-
ifs jury in the first condemnation, and
all the costs incurred in the federal
court, besides the payment of $3.50 in
cash. Additional concessions were
agreed upon by the defendant, which
will give the plaintiff a right Of way
under its bridge for a cattle path, also
the right to lay pipe under the frost
line, passing under the bridge, in order
that water may be secured.
Besides the numerous witnesses in
the case from the rural districts. prin-
cipally from the vicinity of LaMoille,
those subp9naed from this city were
Clerk of Courts S. P. Knisely, Hon.
George A. Turner, T. c. Cronkleton, w.
B. Williams, NJ. e. Andrews, c. Z. La
Plant, A. G. Clark and c. Yeager.