The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1914-11-20
verdict near IN
CITY Damage SUIT


CllY Damage suit
Continued From First Page.
diet Schlitzer-and City Solicitor Dan.
lel s. Seitz, for the City, to make bet
ter progress, but it appeared that the
more the attorneys tried to hurry the
less speed they made.
| Witness Went to Luncheon
Ten minutes before the time for noon
! adjournment the City Solicitor an.
nouneed he had three witnesses yet to
call, but none responded. They had
gone home for luncheon, presumably.
and Judge johnson sought to close the
case. SO did Mr.. Hahn. The lawyer
for the plaintiffs said he was willing to
admit just what the City Solicitor re-
marked the witnesses would say.
."Their evidence would be eumua-
tive said Mr.. Hahn. ''I will admit
what you say they would testify to. -
~ don It want you to admit any
thing, and | don't care what you will
admit, - began the City Solicitor Il
want to put these witnesses on the
stand and insist upon my right
"Then you shall have it, added
Mr.. Hahn, smiling.
The City Solicitor by noon had ex-
amined nineteen witnesses, the majority
OF whom dealt with the values of the
plaintiffs property before and after
the City took the ground in question
for making improvements. Generally
they valued each parcel before the i'm
pfovement work at from $2,S0O to
$4,000. The improvements included
the street opening, the building of the
| IlutprpnDtInn nI
lateral sewer, the construction of the
. river wall and steps and the laying out
of the boulevard. After the improve
ments the value of each property, most
of the witnesses estimated, would be in.
creased aobut $500. One witness
fixed the increase at $100, while an
other said there was no change in the
valuation. The property owners claim
$1,000 damages each.
The Questions Involved
Judge johnson at noon said the is
sue upon which the jury first will pass
has dwindled down to question Of
whether or not the City, in opening
South Front street, actually took prop
erty from the plaintiffs, or, if the
ground was held by the plaintiffs
through a qualified title and by reason
of waterways and navigation legis-
lation, they were not in absolute con
troll of it, so that they could not suffer
lamages by losing it,
William d. Block and David H. FL.
linger. for more than fifteen years sani.
tary officers employed by the city, this
morning declared the ground taken by
the city had been an old dumping
ground for tin cans, ashes, dead ami
mails, rubbish and other refuse, and that
it had been considered breeding spot
for much disease-typhoid fever, diph
liberia and smallpox-in that district
When the City Solicitor sought to
ask Mr.. Block hypothetical question
dealing with conditions along the river
front, between the time the Pcnnsylva.
MIA Reduction Company began the col
lection of garbage, about five years
ago, and May, 1911, when the street
Improvement work was begun, Mr..
Hahn objected to "counsel leading the
witness.o
Lawyers in Fresh Wrangle
~ have not overstepped my rights
one per cent. as much as you have
snapped back the City Solicitor.
With Mr.. Ellinger on the stand, Mr..
| Hahn, on cross-examination, sought to
river front would have been if the city
had constructed a sewer in that local
ity ''years before it did in 1911
"That s folly to ask question like
that, interjected the City Solicitor.
"Now ! have not cross-examined
these witnesses as you did, and insist
upon my rights" shot back the plain
tiffs counsel.
'No, It's not legitimate question,
put in the Judge. "The witness need
not answer it. - 5
Ten minutes later, Daniel Sheesley,
real estate agent, who said he lives in
Sheesleytown, declared that the
properties of the plaintiffs were bene-
fitted to the extent of $500 by the i'm
provement.
Then Mr.. Hahn wanted the witness to
assume that the plaintiffs, before the
street was opened, had right to use
the ground taken by the city for any
purpose whatsoever, so long as they did
not interfere with navigation and fish
cries, and having those ideas in mind,
fix his opinion of the property values
but Mr.. Sheesley would not fix an
amount. He said: "I can't see where
they could put any buildings
Twice Mr.. Hahn asked the same ques.
tion and received the same reply. Then
he put it to the witness the third time
saying: "Now 1 want you to be fair
Don It be evasive."
The City Solicitor was on his feet.
simultaneously Mr.. Hahn said
Urges Seitz to keep Cool"
'There you go again.
"Oh, your honor" begged the So.
lictor, 81 object to that remark. There
certainly is reason for the other side
inferring that the witness is unfair"
"Keep cool now. Just you keep
cool" suggested Mr.. Hahn, waving
hand toward Mr.. Seitz.
The court urged counsel to Ego on,
saying:
"The witness is under OATH and we
believe he is trying to be fair.
Eventually Mr.. Sheesley saN the
ground in question had no, comme>Sial.
value.