The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-08-19
SUES RAILROAD
FOR DAMAGES
A. J. FesIer Wants $4,000 For
Alleged Damage to His
Property.
OTHERS MAY ALSO FILE SUITS
Plaintiff Declares Railroad Has
Caused His Property to Decrease
in Value.


ages from the Nevada Northern Rail
way company, and also wants the
tracks removed from in front of his
property on Garden street.
Suit was filed last Saturday with
Deputy County Clerk Oldfeld in
which Fesler is the plaintiff and the
railroad the defendant. Mr. Fesler
alleges that his property along Gar
den street has deprecated in value
because of the railroad and asks for
900 and that the defendant COM
pany be restrained from operating
l. road in front of his lots
The main part of the complaint
reads as follows:
"That by reason of the said con
struction, maintenance and operation
of said railroad and the running of
trains over the same Ivy the defend
ant as aforesaid, Garden street, in
front of said premises, has been de-
s;royed as a public street and thor
oughfare and passage along said
street has been and is interrupted;
access to said premises has been and
is now greatly impaired, asnes, Gin
ders and other sub tances have heen
and are precipitated upon the said
street over and against the lots and
buildings of plaintiff aforesaid and
upon persons passing into and from
said buildings and along said street,
and noxious and disagreeable smoke,
steam, ashes and cinders have been
and are frequently emitted by the en-
CINE upon the said street and premi-
ses, penetrating into the rooms of the
house aforesaid, and the operation OF
heavy passenger and freight trains
over and along the said road day and
night produces loud and disquieting
noises; that the ground and buildings
aforesaid are Jared and shaken. and
that there is constant and imminent
danger and peril to the lives and
limbs of people going to and from
said premises and passing over and
along said street; that by reason of
the Frequent passage of such trains
and engines over and alongside said
street, frequent and severe vibra-
tions of the said house are caused
and set up, and that by reason of all
of the matters and things herein
above set forth the plaintiff has suf-
fered damages to himself in the sum
of ten thousand dollars.
"Plantiff further alleges that the
in niuries complained of have been,
are and will be constant and contin-
uous, and are permanent in their ma
ture, and while plaintiff would have
diverse and numerous rights of ac-
ton for damages against the defend
ant by reason of the wrongs afore-
said from year to year, it would re-
suit in a multiplicity of actions, and
because further the defendant COM
pany is and ever has been a naked
trespasser, occupying said street and
property contrary to law and in der
regation of plaintiffs rights, and be-
cause said railroad and its operation
is, has been and ever will be, pub
lie and private nuisance, the same
should be removed and said street
restored and put to the Legitimate,
lawful uses for which in law 1t is in
tended.
Wherefore, plaintiff prays that
the defendant, its agents and ser
wants, be enioined and restrained
from operating said road in front of
said lots, and that he have judgment
of custer against defendant for the
possession of said premises, and
Judgment in the sum of 81 / 900, to-
gether with the costs of this action.
News representative spoke to
Mr.. Fesler concerning the suit ana
he referred the writer to Attorney
Crump, who represents him in the
action.
"Are any more suits to follow
asked the reporter.
"Mr. Fesler has six more lots on
Garden street., said the attorney,
"and it is very likely that another
suit for damages will be filed in
short time. Mr.. Fesler has taken
this step purely from business
standpoint. He has no animosity
against the railroad, but believes the
company has damaged his property
and that he should be given some re-
muneration for the damage done.
''Are there any more suits in which
other property owners are likely to
figure?" asked the newspaperman.
Eyes, there may be some more
suits" said Mr.. Crump. There are
several other property owners on
Garden street whom | represent and
who, for some time,. have thought
tnat the railroad people have not
done right by them. These suits,
however, will not be filed if the com
pany offers to meet the people half
way. We do not want to cause any
more expense than is necessary and
will probably wait until the Fesler
case is heard
Mr.. Crump was asked what the
aggregate amount of damages would
be in case all the suits were filed and
he replied that they would be be-
tween $50, 1000 and 100000.
He stated that in his opinion the
railroad had no legal franchise to
run it's tracks along Garden street.
and that he believed the company
should pay for the right of way along
that thoroughfare.
II don't know what attitude the
railroad attorneys will take said
the lawyer, "and as to the damage
done the property, that is matter
! of proof"