Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1912-11-27
November Term Adjourned on Satur-
day After Busy Session.
BRIDGE CASE DECISION
FAVORS POWER COMPANY
Judge HObsOn Permits Power Com
pany to Maintain Ferry at the Piers
and Construct Bridge Across
Trout River.


son, after busy and important ses-
sion, in which some prominent cases
were decided. The determination of
each case completed up to the hour
of going to press last Wednesday was
printed in these columns.
The most important decision since
that time was in the case of Winnie
shiek County, Iowa, VS.. Upper Iowa
Power Company, being an action to
compel the power company to con-
struct an expensive bridge across the
lake formed by the damming of the
river by their lower dam, ten miles
down the river from DEBORAH. The
decision of Judge Hobson was made
after spending some time in a consid-
Grafton of the case, and favors the
power company, permitting them to
do practically as they agreed to do
before the suit was brought, before
the board of supervisors.
The decree, which means simply
that the company must keep ferry
in operation at the piers and build a
bridge across Trout River or Smith
Creek, as it is called, is as follows:
1T is ordered, considered and ad-
judged by the court that the dam
constructed by the defendant at the
point in controversy is nuisance and
that same be abated by permitting
the water to escape until the fOrds
upon the highways at or near the
piers" and at the points where the
Stevens road as travelled across the
Upper Iowa river, are restored, and
that writ of abatement issue for
that purpose. This order for abate-
ment and for the issuance of writ
of abatement to be suspended upon
the following conditions, namely:
The defendant to erect a bridge at
it's own expense at the piers upon
plans and specifications approved by
the board of supervisors of Winnie
shiek county, Iowa, and to extend at
its (defendant's) own expense a pas
sable highway from the northeast
corner of Section nine across Smith
creek to intersect with the Bolson
bridge. The defendant to be at the
expense of suitable bridge across
Smith creek. And provided further:
That the defendant shall forthwith
proceed to procure the right of way,
locate the highway and do all the
work and be at the expense of put
ting said highway in a good and pas
sable condition at all seasons of the
year, and shall within ninety days
from the date have a safe and con-
venient ferry constructed and ready
for installation at or near the piers
in accordance with the plans and
specifications offered in evidence by
defendant. Said ferry to operate up
on a suitable steel cable.
Defendant shall further prepare,
install and maintain at it's own ex-
pense suitable approaches to said fer
ry. The defendant to thereafter keep
and maintain such ferry at its own
expense.
That the bridge at the piers need
not be constructed by defendant so
long as the ferry shall Accommodate
the travel upon said highway, nor
shall said defendant be compelled to
construct said bridge until upon the
further order of the court and not
prior to such reasonable time as shall
give the said ferry a reasonable trial
to ascertain whether it will be able
to accommodate the travel and traffic.
1t is further ordered that failure
of defendant to comply with this or
der shall make the provisions delay
ing the construction of the bridge in
operative.
1t is ordered that as between the
parties hereto all liability If any aris-
ing over the use of the ferry shall be
borne by the defendant company.
1t Is further ordered that said fer
ry be free to all persons desiring to
use same, either for their own travel
or for transportation of property in
their charge"
The disposition of the cases before
the court, not heretofore reported.
was as follows:
VIM. Halvorson, upon plea OF gull
ty, was sentenced to imprisonment in
the county jail for six months and
fined 800 and costs.
The case Of John G.. Svarstad ct
al VS.. Otto E. Schmidt as executor,
was withdrawn.
The National Bank of DEBORAH was
given q verdict by the jury against j..
Wellington Telford ct al for $512.20
and costs.
The case of Eta Adney VS.. Fred
Swehla was withdrawn at plaintiff's
costs after the jury was empanelled
and sworn.
The case OF e. ]. Parman VS.. Will
lis Kinney was settled and costs paid.
Nellie Estey was given $50 tenn
porary alimony in her case against
Geo. w. Estey, Jr.
In the case of Sam r. Anderson
VS.. William Noecker, the jury found
for the plaintiff, assessing his dam
ages at $500.
The case of Marie Anderson VS..
Walter II. Bucknell was settled. Each
party to pay their own costs.
The four cases of John Finn VS..