Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-04
Decision of District Court of
Appeals in Webster Termi-
nal Co. Case Reversed.
SUIT Is FOR DAMAGES
DUE TO TUNNEL BUILDING
Opinion Delivered by Justice Pitney,
to Which Justice Lurton
Dissents.

The United States Supreme Court today
reversed the decision of the Court of APP
peals of the District of Columbia in the
case OF A. Webster Richards agt the
Washington Terminal Company. and or
dered a new trial
The Washington Terminal Company
constructed a tunnel leading TO the MON
station in this city. in accordance with
congressional legislation. Richards owns
a house and lot liz feet distant from the
south portal of the tunnel and ~ feet
distant from the tracks leading to the
portal. He brought this suit for damages
from vibrations. smoke and cinders.
claiming that his property had been dam
aged $500, and the rent OF it decrea sed
$40 month.
The court below held that no attempt
was made TO show that the tunnel had
right OF way had been unlawfully ac-
CURED. but that an attempt had been
made to show that property was taken
in violation Of the fifth amendment
The court held that the damages were
consequential, and. following the deci-
sions of the Supreme Court OF the
United States. no damages could be
awarded.
Opinion by Justice Pitney.
Justice Pitney. in delivering the opin-
ion of the court. said
Inc present case in the single par
tfcular already alluded to--that Is to
say with respect to SO much OF the
damage as is attributed to the gases
and smoke emitted from locomotive
engines while in the tunnel and forced
out of 1t by the tanning system there
in Installed and issuing from the portal
he 1oi -,
such manner as to contribute to rem
der less habitable than otherwise IL
would be and to depreciate 1t In value,
and this without SO far as appears any
real necessity for such damage is with
in our opinion within the reason and
authority of the decision just cited.
This case differs from that of the
Baltimore and Potomac against the
Fifth Baptist Church in that the rail-
road company was free to select some
other location for the repair shop and
engine house. while here the location OF
the tunnel and its south portal was
voluntarily chosen by the defendant.
This circumstance. however. does
not afford sufficient ground for dis
tinction affecting the result. The case
and in erect commanded defendant to
construct its tunnel with a portal To-
Gated in the midst Of an inhabited por-
ton of the city. The authority no
motive engines in the tunnel with the
Inevitable concomitants of foul smoke
and gas.
mo question is made but that it in
cludes the installation and operation of
a tanning system for Kidding the tunnel.
All this being granted the special and
peculiar damage to the plaintiff as a
property owner in close proximity to the
portal is a necessary consequence unless
it be feasible to install vestiating shafts
or other devices for preventing the out
pouring of gases and smoke from the
outlet of the tunnel at single point on
the surface as at present.
Construes Fifth Amendment.
"Construing the acts Of Congress in
the light OF the fifth amendment they do
not authorize the imposition of so direct
and peculiar and substantial a burden
upon plaintiffs property without com
pensation to him.
The case is remanded to the Court of
Appeals, with instructions to reverse the
Judgment OF the Supreme Court Of the
District of Columbia and remand the
case to that court, with directions for
a new trial, to fix the amount of dam
ages.
Justice Lurton dissented from the judg-
rnept of the court.