Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1913-05-22
JURY GIVES AWARD IN
RIGHT OF Way CASE
Heirs Of B. ". Fuller Given
Damages Of $11,125 in
District Court.

The jury in the case of the Mid
land Railroad Company VS.. Heirs of
B. H. Fuller, for right Of way
through the Fuller farm, began con-
sideration OF the case after argu-
ment had been made, and at 3 a. m.
Saturday morning reached a ver-
dict. The jury awarded to the de-
/ fendant the sum of $50 an acre for
/, land actually taken by the railroad
| company for it's right of way, and
the sum of $4,000 as damages for
| the cutting up of the farm, or total
of $11,125. This places the dam
age to the farm at about $3.50 an
acre. The court together with rep
! resentatives of the railroad company
| and of the heirs of the estate, will
| visit the land at once and decide
| upon the location of the overhead
| and under crossings to be put in by
! the railroad company. These be-
J came part of the decree, although
| the jury had nothing to do in the
i designation of such crossings.
Interesting Law Suit.
The suit was about the most in
terestilS case that has come before
, tn district court in many terms An
! argument was made by the attorneys
| for the defense against the validity
, of the original charter of the road
and also on the alleged ground that
the Midland Construction company
! sold at a great profit certain pur-
chases and certain completed mile
age to the Midland Railroad COM
! ! pany. The court sustained objec-
tions to this class of testimony, hold
ing that the charter of the company
I as far as the present proceedings go
! was valid, and also held that any
| arrangement that was made between
the construction company and the
! railroad company was not matter
at issue for the jury.
In case the verdict of the jury is
J not satisfactory to the railroad COM
. pany, an appeal will lie to the state
, supreme court on the company de-
posting with the court the amount
of the verdict, in which event the
company can continue to construct
it's line across the land and proceed
as if the matter was closed up.
Among those who testified as to
the amount of the damage done to
the entire farm were Steven Cor
win, who estimated it at s. to Sc
an acre for the entire farm, outside
used. H. NJ. Taber also placed about
the same estimate upon it, from IS
to 81 an acre. Most of the wit
nesses place d the value of the land
at from $50 to $45 an acre.
Among those who testified for the
defense as to the damage done to
the entire farm were Charles Frey,
Sr. and Jr., Geo. Piercey, Mr.. Hunt,
Thos. Pendray and Alex Clemens,
who estimated the damage at SO
an acre. Mr.. Carley of Montpelier
thought it would be as high as
$3.50; J. A. Murphy $1O.50.
Among the witnesses for the rail-
road company who testified as to the
damage done to the farm were F. E.
SINNERS, who thought that the dam
age would be IS an acre. Alison
Wells estimated the damage at 3d.
500; Fred Wolfer at $4,500. ]. J.
Nierling, Chas Petty and L. c.
L'Moore thought the damage would
not exceed 81 per acre.
In estimating the value of the land
as we'll as the damage to the entire
farm, Attorney Buck for the COM
pany directed the attention of the
jury to the course of the proposed
track across the land, starting in at
section 9 and following it across
sections 10, IL and IL, tp. 1879, SO.
He showed from the contour of the
land that other Instructions existed
in the shape of hills, draws, small
timber, the river, the N. P. track,
mat the Midland railroad track
passed through or crossed what was
termed poor land, not fit for cult
vation, as we'll as fields that were Of
rich soil and we'll adapted for farm
ing. Some Of the land taken was
rough. stony, broken, both on the
north side of the farm and also on