The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1907-01-05

Judge Duncan Decides Against the
Water Company.-On Saturday last, in the
Circuit Court here, Judge Duncan rendered a
decision in the case of Carrie v. and George A.
Dubriel and Douglas II. Gordon against the
Baltimore County Water and Electric Com
pany adverse to the company in both. AS the
two cases involved the same questions they
were consolidated by agreement of counsel and
are treated as one in the opinion.
Mrs. Dubriel and Mr.. Gordon applied for
and procured injunctions from the Circuit
Court restraining the company from digging
trenches for the purpose of laying water mains
in the bed Of Lake avenue fronting on their
property. The ground upon which they
secured the injunctions was that they owned
the bed of Lake avenue and the company
could not put an additional servitude upon
their property in digging trenches to lay pipes
without making compensation.
The company claimed that it did not have to
condemn or acquire from the property owners
right of way to lay its mains because the bed
of Lake avenue was subject to those servitudes
that are incident to the use of such high way
in q thickly settled section of the county. The
company also obtained permit from the
Highways Commission TO lay pipes IN the PED
of the avenue.
Judge Duncan holds that the laying of the
mains in the bed of Lake avenue casts an adj
ditional burden upon the property OF the
plaintiffs outside the purpose and scope con-
templated at the time the avenue was appropri-
ated for the purposes of public road, and that
therefore the property owners who own the
bed of the avenue are entitled to compensation
for the right of way. The right of municipal
corporation to use city streets for water and
gas pipes, because it must be presumed that the
owners contemplated such use, is distinguished
from the right of private corporation to use
the bed of county road, he says.
The Judge states that he will sign an order
making the injunctions heretofore issued per-
petual and also a mandatory injunction re-
~ nv IN
mains already placed in the bed of Lake avenue
and to refill the trenches already dug.
The purpose of the company in laying pipes
along Lake avenue was to bring water from
the Patapsco river or its tributaries to Towson,
Lutherville and Govanstown. They were
checked in their attempt to do so by the action
of the Highways Commission in refusing them
q permit to lay its pipes on certain avenues in
Mount Washington, after vigorous protest
had been made by the residents of that place
The action of the Highways Commission was
upheld by Judge Duncan short time ca, ago ana
The d decision rendered further blocks the
plans of the company. An appeal will be
taken.
Mr.. Osborne I. YelIott appeared for Mrs.
Dubriel and Mr.. Gordon and Messrs. William
s. Bryan and A. de r. Sappington for the
company.
work of the Orphans Court.-In the Bal
timore County Orphans Court this week let
| ters were granted on the following estates:
On the personal estate pf Barbara Welnbeck
| to Marcus Ritgert, executor.
ON the personal estate of Anna NJ. or Lottie
| schenkel. to Leonard Schenkel, administrator.
ON the personal estate Of John Cooper to
| Ella Lucy Cooper, administrative.
On the personal estate of Eleanor G. Bosley
| to Joshua g. Bosley. executor.
mitted to probate this week. She bequeatns
500 to her niece, Cora Zepp; $500 to her
| brother. d, w. Bosley, during his life, and
| after his death to his children. She divides
| large amount of furniture and jewelry among
relatives. The residue of the estate Is divided
in six parts and one part each Is Dequeatnea , %
| the following persons: The testatrix's broth
er. Joshua g.. Bosley; the testatrix's sister,
/ Josephine, during her life. and after her death
! 10 her children; the testatrixs sister, ReDecca,
| for life. and after her death to her children
the tesatrix's sister, Louisa for life, ana aIter
her death to her children; the testatrlx SIS
| ter-in-law, Alice r. Bosley, IN trust, for tne
benefit of the testatrix's deceased brother,
Thomas Bosley's, children.
Thieves Steal Brass Fixtures.-The
water supply pump at Fairies, the summer
vile, was despoiled by thieves few days ago
of its copper and brass fixtures. The then
| took place between ILL., 30 o'clock and noon
Miss Sloan is now abroad and the place is IN
charge of Mr.. o. B. Magruder, who on account
Of the water supply stopping made an insPec
ton of the pumphouse He found me o0o,
fixtures OF the pump which could be detached
gone It is estimated that about 100 pounds Of
brass and copper was secured by the thieves
The matter was reported to the authorities ant
every effort is being made to catch the thieves