The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-10-01
CAUSED BY LOCAL ROAD WORK. CRIMINAL DOCK
ct NEARLY CLEARED COURT TERM CLOSING

u.
Friday with a verdict for the plaintiff
for $I75. w, r. Warburton, Esq, OF
counsel for the defendant, moved for
new trial.
Court next took up the suit of James
+. Mckelvey VS.. the County Commits
s;oncrs of Cecil county and, after
swearing jury for the trial and hear
ing statements of counsel in the case,
adjourned until Saturday morning.
SATURDAY,.
Trial OF McKelvey VS.. the County
Commissioners was begun. Messrs.
Warburton & Warburton appeared for
the plaintiff, and Messrs. Hester Hess
and w. l.. Marbury, OF Baltimore, for
the defendant The suit was brought
by James i. McKclvey against the
Commissioners, as a corporation, for
damages, which he put at ST 500, claim
ed to have been caused by the change
of a section OF the Rising Sun-Prin-
cipio road, on which his property faces,
improved or rebuilt last year, on the
Shoemaker Act plan He bought the
lot, located about one-eighth OF a mile
from Rising Sun, from Barclay Rey
nolds, in 1894, for $I75, and built a
house which cost ST, 900, two story
and attic structure, I4X24 feet, with a
back building II feet square. His lot
is 100 feet front and $50 in depth. Prior
70 the change i'll the road bed his lot
was on a level Herewith, but is now
rs inches to 3 feet lower. Formerly
water alter rains went down the road
now it flows off the road into his yard
and garden. To obtain relief he must
fill up his lot and raise the foundations
of his house. Thomas Rink, of Rising
Sun, had made estimates as to what it
would cost Mr.. McKelvey to remedy
the trouble He figured that it would
require I.4447-S cubic yards OF dirt
filling which with other details would
involve an outlay OF upwards OF ST .ooo
He had considered Mex Kelvey's prop
ertv worth from $4,000 to ST. 500 prior
to the change in the road bed. Now
he would no have it at any price, be-
cause of its lack OF access. Mr..
Kelvey said he had spoken to Com
missioner Deshane, who was election
eering last fall, when the dirt fill of
the road was completed and was jam
up with his fence, and he (Deshane)
had said that something would have
to be done, and that peoples property
should be left as found But nothing
was done, and the macadam raised the
road bed higher
William A. KINNEY, OF Whining
ton, for AZ years engaged in Civil En-
cheering testified chat he took levels
on the Rising Sun Principle road, at
and near McKelveys premises above
which the road had been raised from
Is inches to feet. No gutter or other
provision had been made for carrying
off water The road would appear to
have originally drained itself toward
the railroad. Now there was no drain
age from McKelvey's. Had witness
planned the road, he would have left
the premises on a level with the road,
provided for drainage and made the
road benefit instead OF detriment.
Toward Rising Sun the road should
have been cut down. The cost would
the work that was done. No COM
petent engineer would have hcsitated
between adopting witness plan and
the abomination that had resulted from
the one followed 1t was the bum
NEST specimen OF road engineering
he had ever witnessed.
w
vey Reynolds, rural carrier, w. j.
McDougall. George S Fox, and JOS
eph S. Pogue told OF the situation at
McKelvey's prior to and after the
change in the road bed and the effects
OF its elevation upo nthe property,
particularly after rains. Formerly the
water drained toward the railroad.
Now it flowed into McKelvey's yard
and garden.
John II. Terrell, Assistant County
Treasurer and Clerk to the County
Commissioners, was shown the con-
tract for the section OF road figuring
in the case, built under the provisions
of Chapter 225 of the Acts OF 1904,
known as the Shoemaker Law, and
awarded to the Horrigan Construction
Company. Their bid was approved by
the Highways Division of the State
Geological Survey. There was meet
ing OF the County Commissioners and
Auxiliary Road Commission, held in
the School Boards room, at which he
was in and out. He was directed to
prepare the advertisements; the bid of
the Horrigan Company was accepted,
and the contract awarded The
County Commissioners paid for the
work when completed, and the State
paid its proportionate share OF the
roads cost
When testimony for the plaintiff
losed, Mr.. Marbury offered a prayer
that the Court instruct the jury that
no legal liability of the defendant (the
County Commissioners had been
shown or established by the plaintiff,
and that they should, accordingly, find
for the defendant He was to have
been heard in behalf Of the prayer
after the recess. but one of the jurors,
Robert Ferguson. not answering when
his name was called, hearing on the
case was suspended until Monday
morning.