Evening journal., 1906-10-11
WAR ON RAILROAD
IS ENDED TO-DAY
Trouble Between Front Street
Property Owners and r. R.
Co. Now at an End
'HANCERY COURT
HEARS TIE REPORT

In Chancery Court this afternoon set
tlement was reported in the long drawn
out litigation between the owners Of
several properties at Front and West
streets and the p, B. & W. Railroad
Company. Since the return of Christo-
pher Pfrommer owner of big slice Of
the ground, from Canada on Tuesday
of this week, the plans which have been
formulating for some time, were ex-
pected to reach a focus. In fact, II is
understood that on Monday Of this
week Daniel Bubenzer, Arthur Johnson
and Margaret Mccain had signed an
agreement with the railroad company
disposing of their property wanted for
the elevated road Improvements, and
all that remained was for Mr. Pfrom-
mer to afix his signature to the docu-
ment. isis signature was obtained to-
day.
Just how much each Of the four
property owners are to receive is not
known but the amount is considerably
In, excess Of what the Pennsylvania
Railroad Company originally agreed to
pay.
History Of the Case.
Early in 1903 the elevated railroad
litigation began when an attempt was
made by the railroad company TO take
the property Of ). G. Simmons &
Brothers. 1t is understood the railroad
company made an offeA of $4,000 or
$4,000 for the whole block bounded by
Water. Thorn, Front and Tatnall
streets. When this offeA was declined.
the railroad company aIAilied to Judge
Spruance to appoint co missioners to
condemn one-half the 81 *. Then the
Simmons people, represe1 tied by Sauls-
bury, Ponder and Curtis, began injunc-
ton proceedings which lntinued until
the railroad settled the BE by paying
the Simmons brothers s 10000.
Proceedings then start I'D between
Market and Justison streYts, & the
other necessary propertiel having been
acquired by the railroad { Nnpany.
Condemnation by conn Psion went
on against Daniel Bub tzer Ellen
johnson and her children christopher
F. Pfrommer Gidel Podds and Mar
~garet Mccain.
Then Bubenzer started ID now cell
ebrated- case. He was ielr sented by
Salisbury. Ponder and Cur, who OBJ
tained an injunction. Innu- Nrable ar
guments were presented. p b0- type
written pages Of testmonyIt re taken,
maps and books, histories a records
were introduced by the huie leds-they
could best be measured by be bushel
or wagon load. Ill
Efforts to untangle thinf n differ
ent ways were made butu teanwhile
Mrs. johnson and her childhl , Arthur
Johnson. Mrs. Heiss and !. Scheu,
came In with their applicatl9 s for an
injunction as did Mrs. Maod iiret Nc
Cain, all represented by shI tulsbury
Ponder and Curtis. lGlh
Pfrommer brought his injtn@l ion suit
through Marvel and Marvel u counsel
with Mr.. Salisbury as asso- Se. Po-
dolsky brought a suit also, Nfh,counsel
being william T Lyman, n h Mr.
Salisbury as associate. TN Y Podol-
sky settled and let the railroaass ave his
land at $4,000. it is understornll a little
over the price the condemna I'M COM
mission gave him. Bubenzer ih1,as11, ,00C
for one piece of land from i COM
missioners and took it-but X nup the
fight on his other pieces. Anald5e rest
stood together for the legal I as il
went on. Every time the { r-1celloi
has sat, for the last three We Va there
was some legal fight on before,rd y ovei
these cases. The city offices / I'll il beer
ransacked for evidence. the cnol,,ly Of
fees and the Delaware Historis ii lSoci-
ETY. have contributed evidencehPh
Many old citizens have test iai and
the evidence is as a result, nissi,onen-
tai in amount Water street "a 4beer
bone OF contention at old citiz,uI 1tath-
erings for years and what I'D enc
would be nobody could tell. T-bl has
been no case, for a generation. hast
which has produced so many d~-kdtons
in Chancery practice and so lany
hearings in the courts and so mi tevi-
dence as this one.
Apparently there was no end light
until both parties agreed to nus
the hearing a week ago for gls
week and the tired Chancellor c, nt-
ed This was about the first agr fni
the lawyers had ever made In the A les
IT was at once suspected by otheoOf Nv.
yers that in common parlance ss,M le-
thing was doing" NJ