Evening star., 1909-06-22
RESULTING GRADE CHANGE
Jury Summoned to Hear the Ap-
peals of Owners.
BEGINS HEARINGS TUESDAY
Justice Anderson Prepares Instruc-
tions to Guide in Reaching
Conclusions as to Verdict.

by the United States marshal for the
District Of Columbia to appraise and
determine the damages that have been
Sustained by property owners as re-
suit Of the changes made in the grades
of certain streets, avenues and alleys
in the neighborhood of the Union rail-
road station. The jury summoned is
composed of the following: John III.
Nolan. William F. Goode. William T.
Galliher. Charles Werner. Richard w.
Henderson, Oscar j. Ricketts, and Frank
G. Henry.
The jury will appraise the damages
in the pending cases where appeals
have been taken from appraisements
made by the Union station grade dam
age commission. The property TO be
first considered fronts on Massachusetts
avenue northwest between North Capt.
lol and 1st streets.
The jury met late yesterday after
at the city hall and arranged to
inspect the property involved Monday
morning next at $50 o'clock. and to be-
gin the hearing of evidence at the city
hall Tuesday, the day following. at 2
o'clock pm.
The property owners will be represent
cd before the appeal jury by Atior-
neys Leon Tobriner. III. L.. B. Atkisson
and Alexander Buettner. A. Leftwich
Sinclair. special attorney for the Dis
trict. will look after the interests of the
government
Instructions to the Jury.
Justice Anderson of the Supreme
Court of the District OF Columbia. sit
ting as United States district court,
has decided to give the following in
structions to the appeal jury for its
guidance in the progress of its hear
ings in the grade-damage cases:
The jury is instructed that the dam
ages to be estimated by them are the
damages to the property described in this
proceeding resulting from the change OF
the grade of Massachusetts avenue due
TO the construction of the Union railroad
station and terminals in the District of
Columbia: that such damages should be
estimated with reference to the time the
change was actually made. and the meas
ure of such damages is the difference be-
tween the value of lie property before the
change of grade and its value just after
the change. The jury may take into con-
sideratton in estimating such damages. if
they find the same from the evidence. the
cost or expense of adjusting the property
to the new grade. the cost OF filling in the
lois and the cost of retaining wall. If nee
essary, interference with access and In
jury from surface water, IL any there be;
but these items cannot be recovered by
the property owner specifically as dis
tinct elements of damages-they are only
elements tending to show damages.
The jury Is instructed that the prop
erty owners are entitled to compensation
for the net injury done them only. The
jury, therefore. in estimating the DAM
ages that have resulted to the several
pieces of real estate involved In this
proceeding will consider any and all
benefits and advantages that may have
accrued to such property by reason OF the
elimination of grade crossings on the line
of the Baltimore and Ohio Railroad COM
pany. the establishment of the Union
railroad station and terminals and all
works, buildings and improvements au-
thorized by the acts of Congress relating
10 the said Union station and terminals
in reduction of the damages which may
have resulted to said property from the
change of grade, and If the jury finds
from the evidence that such benefits or
advantages exceed or equal the damages
the property owner is not entitled to re-
cover. although he may have to incur
expense in order to use his property.
The jury are instructed that the mar
ket value of the property after the change
of grade is not limited to the value for
the purpose of which the property is
used but its value for any and all pur-
poses must be considered. BY market
value Is meant what the property would
sell for in cash or on terms equivalent
to cash when offered for sale by one who
desires but is not obliged to sell to one
what might be offered by one who de-
sires to buy for purely speculative pur-
poses should not be considered as basis
for or in any way influencing the ap-
praisement. In ascertaining the market
value of the property alleged to have
been damaged by the change of grade
the jury will take into consideration the
most advantageous uses to which the
property can be put by private persons
or corporations. considering the size and
location Of the respective lots.
Estimating Cost Of Adjustment.
In arriving at the cost or expense of
adjusting the property 10 the new grade
the jury will consider the most reason
able and economical mode of adjustment.
considering the condition Of the prop
erty.
The jury are instructed that there can
be no award of damages made to the
property owners based upon personal An
noyance. discomfort or inconvenience
caused by the change of grade
The jury will consider the evidence
submitted to them In the light of the
knowledge obtained by their inspection of
the realty alleged to have been damaged
by the change of grade"