The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-09-12
SUITS AGAINST
!. THE BURLINGTON
RAILROAD TO BE DEFENDANT IN
A NUMBER OF CASES.
NATURAL WATERWAY cLoGGED
Serious Trouble Said to Result When
Heavy Rains Fall - Auditing
Property Owners Demand
Damages.

The Chicago, Burlington G Quincy
Railroad Co. have been made defend
ants in a number of damage sui-s
which will be filed with the district
court on the eighteenth Of this month,
according to the notices which have
been served on the railroad company,
and IL is thought other parties sim
ilarly situated will join in bringing
the action before the opening of the
October term. The judgments pray
ed for in the several petitions range
from $500 to $4,000.
The trouble mas arisen ov," the
filling which the Burlington ~oai
made along their right-of-way in the
south part OF the city few wears ago.
Where the tracks cross the alley
running north and south between A
and B streets, the land it is claimed.
slopes to the routh, making that the
cours of a natural waterway, and on
that account the Rock Island road
found IL necessary to build stone
arch under their tracks to permit the
water to flow through, but when the
Burlington built their embankment,
which run on both sides of the Rock
Island tracks, they closed up the end
of the alley and 10th openings of the
Rock Island arehed culvert, which
has resulted in the formation of large
pools of stagnant water between the
tracks. A large two-foot sewer runs
south through that alley and at the
man-hole just north of the Burli1g-
ton grade it overhows during heavy
rain aid the water backs up in the
alley sometimes to depth of three
and four feet. Many of the property
owners have been compelled to build
stone-retainilg walls at the rear OF
their lots and aroun1 their barns, but
even then it is said the water fools
the yards and during a heavy Storm
gets almost deep enough to swim a
horse.
The complaints sent in to the city
last year were referred to the railroal
company, as they were the cause of
the nuisance, and that corporation
promised to relieve the trouble this
year, but the summer is past and no
move has been made in that direction.
1t is estimated that the cost of tu1-
neling through the big emhanknens
would amount to from $4,000 to S4,-
600.
MRS. Sarah N. Pari u1, who owns
eight properties in That neighborhooi !,
claims the greatest damage, for which
she asks the sum of $4,000. Cnas.
Perry, Margaret Donaelly and T. B..
Gossage are other plai1tiffs and there
are other property owners in the
neighborhood who will likely enterin
the action and file suits against the
company. The city is also contem-
plating bringing a sui against the
railroad for damages on the same
ground. C. {. Orvis and l.. C. Blaacl.
ard are the attorneys for the plain
tiffs.
Another Damage Suit.
S. w. Jones, administrators of the
estate Of Iva Dusenberry, deceased,
has filed petition in The district
court asking j. T. Timbrell for $1,000
damages.
In his petition Mr.. Jones states tlat
Oae day In July 1906 while Miss Eva
Duesenberry, now deceased, war eros
sing the bridge ON South Skunk river
near the water works station in
buggy she was run into by ]. T. Tim
brell coming from the opposite direc-
tion and driving team OF mules.
The Timbrell rig collided with the
buggy containing Miss Dusenberry
and sister. jamming the Duselberry
conveyance against the side of the
bridge ana smashed the buggy. throw
ing the buggy and horse upon Miss