The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-07-27
LONG LITIGATION IS ENDED
Railway Men Interested See in Pro
posed Payment Of Judgment Re
organization of the Electric Railway
Company at this Time.

The old fight between the Chicago
and Milwaukee Electric Railway com
pany and the Thomas B. Jeffrey com
pany of this city over the strip of land
taken by the company as part of the
right of way of the main line, is at
an end as Thomas NJ Kearney of Ra-
cine and James Cavanagh of this city,
attorneys for the Jeffrey company,
have been notified that the Judgment
rendered against the company in the
circuit court will be paid in full dur
ing the present week. The settlement
of the controversy has been pending
for more than six years and it has
twice been acted on by the supreme
court of the state. 1t is expected that
Receiver johnson will reach Kenosha
not later than Wednesday bringing with
him cash to pay the Judgment which
amounts in all to little over $175,000.
Of this amount little over $4,000
has been paid as at the order of the
company, cash which had been deposit
ed with the clerk of the circuit court
in this county pending the outcome of
the suit was recently turned over to
the Jefery company. The settlement
of this big Judgment which was claim
ed to be a lien on the line prior to any
claims under the receivership is taken
as an indication that some final agree
ment has been reached among the bond
holders of the company and that soon
after the payment of the claim of the
Jeffrey company the reorganization of
the company win be effected. 1t is
said that the receiver for the company
sought to issue receivers certificates
to raise money to pay the Judgment,
but such certificates have not been is
sued and it is thought that cash for
the Jeffrey company was raised from
the earnings of the company during
the present year.
The case was that of the Thomas B.
Jeffery company against the Chicago
and Milwaukee Electric Railway com
pany, for damages resulting from the
taking Of portion of the Jeffrey com
pany's manufacturing plant for the
right of way OF the railway. It will
be remembered that OH the second trial
in the circuit court before Judge Beld-
Ell and jury, verdict for $4,000 was
rendered for the plaintiffs. An appeal
was taken from the Judgment to the
supreme court where the decision of
the lower court was affirmed.
Since that time the attorneys for
the Jeffrey company have been arrang-
ing to enforce the collection of the
amount found due The railway com
pany in the meantime passed into the
hands of a receiver appointed by the
United States district court for the
northern district of Illinois, and it was
claimed that the judgment of the state
court of Wisconsin could not be en-
forced against the property under the
control of the federal court The con-
test over the matter has been carried
OH most vigorously for several weeks
with the result that the attorneys, as
above stated, received notice that the
big judgment would be paid this week.
During the six years that the case has
been in litigation 6 per cent was tax
ed against the railway company for the
entire period and it is without doubt
the largest judgment Of the kind ever