The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-05-16
jury Awards Thomas B. Jeffrey
$3.50 for Land Taken by
Railway Company
COMPANY TO APPEAL CASE
Jurors Debate for Five Hours Before
Reaching Verdict Which Was in
Nature of a Compromise
Factory Men EIated

After considering the evidence in
the case of Thomas B. Jeffrey ct al
VS.. the Chicago and Milwaukee Rail-
way company for less thausfve hours,
jury in the Circuit Court brought
in verdict at nine O'Clock saturday
night, allowing the plaintiff in the
action damages to the amount of
SIPS, 900 from the railways.company.
BY the verdict of the jury..the two and
three tenths acresiof land taken from
the right Of way ofathe main line of
railway will cost the company at the
rate of $54,347.83 an acre. It is
thought that this is the highest price
ever assessed against any railway
company in Wisconsin for land taken
for right of way. Thesicompany by
the verdict of the jury will pay more
than one hundred dollars for each
front foot of their right of way
through the Jeffrey property.
The verdict came as a sensational
ending to one of the hardest fought
legal battles ever known in the Cir
cult Court for sKenosha county and
while the amount Of. the verdict is
considered large, it is claimed that
the attorneys for Mr.. Jeffery expected
that the jury would award the com
pany even more for the landstaken by
the railway company.
There is no doubt but that the case
will be appealed to the Supreme Court
and the attorneys for the Railway
Company are now at work preparing
the appeal. The Supreme Court will
have no power to reduce the award
and all that the higher court can do
will be to send the suit back to this
Court for a second trial.
There was wide range of opinion
among the members of the jury in
considering the value to be placed on
the land and the amount to be paid TO
Mr.. Jeffrey as damages to the re-
mainder of the factory grounds. The
decision of the jury was that the COM
pany should pay Mr.. Jefery $4,000
for the land actually taken for the
railway and the sum of 100000 for
damages to the property Of Mr.. Jeffery
as factory site.
In the consideration of the question
by the jurors there was wide range
of values. A few of the jurors would
have been willing to let the railway
company off with $4,000 for the land
and $55,000 for damages but others
demanded that the verdict award $685.
600 forthe land and as high as $50, 900
for damages. This was close to the
total value placed by Mr.. Jeffery.
The verdict was finally reached by
averaging the amounts and the COM
promise thus secured was satisfactory
to the jurors and all agreed upon the
verdict.
In the consideration of the case
the jurors admitted that the verdict
was the only one that could be
brought under the evidence and it is
certain that great weight was given
to the testimony of local manufac-
turers. One of the jury stated that
the jurors had given little considera-
ton to the testimony of the expert
real estate men brought from Chicago
and Milwaukee to testify for the rail.
way company as the jurors did not
consider these men competent to judge
of the value of the property as a
manufacturing plant.
1t is rather a remarkable fact that
from the first no one of the jurors
placed the amount to be allowed Mr..
Jeffrey as low as the commission that
had made the original award. The
commission was composed of George
Hale, z, G. Simmons, Jr., and Edward
c. Theirs and the commission made
an award of $50,5O8. The amount
allowed by the jury is nearly two and
half times the amount allowed by
the commission.
The verdict of the jury will, of
course, have no effect on the opera
ton of the Chicago & Milwaukee road
as the company will be forced to pay
the damages if the verdict of the jury
is not set aside by the Supreme Court.
There is little doubt but that the fight
in the higher Courts will be note.
worthy one.
Mr.. and Mrs. Vim. Barry, who were