The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1906-07-26
JUDGE KIRWAN FILES
DECISION IN CASE GROW
ING OUT Of C0NDEM-
NATION PROCEEDINGS

| Judge Kirwan handed down decision
last Friday in the circuit court in the
case of the Manitowoc Clay Product
company versus the Chicago x North.
Western Railway company. In the
decision the judge rules that the Clay
company is obliged to accept the tender
of crossing from the Railway compa-
ny and that if the Clay Co does accept
the offer of crossing from the defendant
| company in the case, it is entitled to
damages in the sum of f13, 800, this rul-
ing being in accordance with the verdict
returned by the jury in the case, which
was tried at the last January term of
circuit court here. The decision il n
lengthy one, covering some twenty type
written pages. BY the decision the Clay
company is given thirty days in which
to notify the Railway company of its
acceptance of the tender for crossing.
The decision requires that Immediately
after the Clay Co. shall have notified
the G. q N. W. that it will accept a
crossing, the Railway company turn
over to the Clay company the deed to the
crossing, to construct crossing within
three months, and to pay to the Clay
company damages in the sum of Sl3, 800
! The case, at the time of the trial, at
tracted much attention throughout this
| nF "a lfut frin
long and tedious one. 1t occupied fully
two weeks The attorneys on the side
of the plaintiff company were Hougen *
Brady and j. s. Anderson of this city
and 7. II, Martin of Green Bay, while
| the Railway company was represented
by Markham and Markham of this city
and Il. M. Hyser of Milwaukee,
The action arose ont of condemnation
proceedings instituted by the Chicago q
North Western for right of way across
the trsct of land for which the Clay
company holds a twenty five years lease
from the Wisconsin Central Railway
company, the owner of the land in ques
ton; and from which land the Clay
company has been drawing its supplies
of brick making clay
The strip of land for right,of. way
across the tract of clay land in question
was taken, under condemnation pro
ceedings by the G. & n. w. when that
railway company constructed the new
cut oil from Calumet to Montrose on the
Manitowoc Green Bay extension.
The commission of appraisers in the
case awarded the Clay company damages
in the sum of something in the neigh
borhood of 81, 900. The Clay company
appealed from the appraisers award to
the circuit court. 1t asked for damages
in the sum of 800, 600 As stated above,
the case was tried at the last January
term of the circuit court 1t was argued
| that the strip cut off to the westward by
the railway track was of no material
value to the Clay company. But the
principal issue in the trial was, whether
or not the Clay company could be com,
PEELED to accept crossing from the
Railway company.
| AS this was matter OF lew and not
Of fact, it was, of course, not submitted
to the jury for determination. The
jury, however, had to decide two i'm
portant questions in the case. The
questions were: 0D To how much
damages is the Clay company entitled
in case the law requires ii to accept a
crossing from the G. d n w. Railway
company and (2) To how much dam
ages is the Clay company entitled in the
event the court shall rule that the plain
tiff company is obliged to accept the
tender of crossing from the defendan,
company The jury returned verdic,
stating that Sl3, 800 should be awarded
the plaintiff company in the former cast
and 500, 900 in the latter case.
In his decision as has been stated, tn.
Judge holds that the Clay company il
obliged to accept u crossing, and that
in accordance with the verdict, 1t is en-
titled to damages in the sum of $l3, 500