Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1903-09-26
IN THE CIRCUIT COURT.
The Gas. Of rp.ek ". IN. cherry HIM

ne Ease 0h FpeGh W.. tne Cherry Hum
and Potomac Railroad Settled
4 The case Of b. Seibert Speck VS.. the
Cherry Run ard Potomac Valley Rail-
road company, which has been in the
court for the past six months. in an
unsettled conditions, as result of a
disagreement IN the amount of COM
penstion for the land that will be
used by the railrod company for their
tracks on the proposed freight short
line which will extend from near
Cherry Run to Harper's Ferry, has at
last been settled by compromise. The
amount Of compensation agreed upon
aud which has been paid and the deed
for the land given to the railroad COM
Dany. was IS, $50. The case has been
| in the circuit court and was given a
trial by jury, but they failed to argee,
and the case was set for hearing again
on the 20 of September. but it was
compromised before it came up. The
following is partial history of the
case:
On June 90. 1902 petition was filed
in the court 90 condemn the land and
they asked that viewers be appointed
to decide on the amount of compen sa-
tion due Mr.. Speck. The amount CT
land taken by the railroad company
from Mr.. Speck was 624 acres. The
court then handed down the names OF
| 10 men as viewers, which were as fol-
lows: G.. w. McKown, s. S. Felker,
Calvin lice, j. L. Catrow. f. W.
Lupton. d. S. Griffith, r. G. BnrK-
hart, D. r. Hudgel, d. Gold Miller,
George A. Whitmore. Benjamin f.
Mish. J. w. Kennedy and Gray Silver.
Then each of the parties involved
struck 4 from the list and left remain
| ing, S. S. Felker, J. 7. Catrow. r.
@. Burkhart, B. f. Fish and Gray
Silver. acted as viewers.
On July 1902 the viewing COM
mittee fled their report, which placed
the amount of compensation Bor the
land taken from Mr.. Speck by the
railroad company. at 81, PAT. On July
liz, the railroad company paved in to
the court the above named amount
with interest to that time, which in
all amounted to $7,257 81 and asked
for trial by Jury. The clerk of the
court was then ordered to deposit the
on,apnt In tba Daoplac Trpct ooD,,onx
until further orders from the court.
which he did and presented the GER
tificate of deposit to the court
On January 30. during the regular
January term of circuit court, the
Cherry RIM and Potomac Valley rail-
road COMPANY through their attonev
made motion to file amended petit
ton, which reduced the amount of
land taken from Mr.. Speck to s. 8 acres.
The court cverruled this motion and
the plaintiff accep ted. The same dav
dence in the case as asked by the at
tornev for the railroad company, and
the following men were called on to
act: j. d. Slonaker. John Long. w.
A. Thatcher, I. M. Turner, A. r.
| Stilwell. Joseph Grove, William Slop-
aker, Theo dore Kisner, G. D. BUNS,
Flank Small. Joseph Norington and
Daniel Underdonk. The jury finished
hearing the evidence on February 2,
1909 and returned on February 4, and
having failed to agree as to the ver-
dict, were discharged.
On April 30, during the April term
of court. the case was set for trial on
September Is, 1908 Bv agreement OF
the attorneys Oh both sides, the case
was s'poned until September %. but
was compromised in the Intervening
time, when they agreed to the sum of
So, $50 The papers were drawn M at
once and the deed transferring the tract
was given TO the railroad company,
after the payment of the agreed sum.
The deed has been recorded and the
case is now settled out of court.