Palisadian., 1915-10-02
Cliffside Realty
Gets &c Damages
From Water Co.

from Wdter 70.
Edgewater Heights reservoir was
the subject of severe scrutiny this
week at the hearing of the Cliffside
Park Realty Company against the
Hackensack Water Company, in
suit for trespass before Circuit Court
Judge Campbell, at Hackensack Court
House.
The compliments, whose property
surrounds the reservoir practically on
all sides, claimed that their lands
have been damaged by leakage of
water from the reservoir; this
throughout the period from January
L, 1914, to April 6, 1915.
The defendant water company by
their expert testimony sought to show
that the causes for the damage by
dampness to the real estate COM
pany's property were natural ones,
and, as such, were even more marked
before the advent OF the reservoir
than since its construction in the
year 1901.
A plot plan was presented in evil
dence prepared by the well-known
hydraulic engineer, James H. Cook,
of Passaic. The plan indicated
plainly the, large natural bowl or
basin to the west and north of the
reservoir divided equally into two
parts, north and south, by the Edge
water road "causeway." The plan
showed the south bowl fed by
stream of water running from an old
natural spring at the reservoirs north
western corner. The plan showed
also the pits dug by Engineers Nc
Clave & McClave for the measure
ments of the subsoil water. Meas
urements of water heights in these
pits, which were along the course
of the stream coming from the spring,
both in stormy and fair weather,
showed that they were connected
with weather conditions, and fiuctu-
ated Herewith. They were not such
as would result from steady leak
in the reservoir. A chemical an
alysis, too, of the two waters, that
is, the water in the pits and the res
ervoir water, showed that they were.
utterly dissimilar. A pit dug to the
east of the reservoir across Ander-
son avenue, however, and a chemical
analysis of its water taken, indicated
that it was partly reservoir water.
But water coming through the east
embankment, which Engineer Cook
found to amount to one gallon
minute, was taken care of by French
drain leading to catch basin. So
that the damage to the realty COM
pany's land to the east, if any, was
absolutely negligible.
Other interesting data brought out
by Senator Edwards, counsel for the
Water Company, through his ques-
tioning of Engineer Cook, was that
the average annual rainfall on the
reservoir section was forty-six inches,
and that half of this flowed away.
The other half was taken care of by
evaporation and absorption into the
plant life. The presence of peat, the
engineer said, was proof that the
conditions of dampness complained
of had been in existence for thou
sands of years. This could not pos
sibly be attributed to a leak from
the reservoir which had only been in
existence a decade or two. The con-
ditions in the bog had been greatly
relieved by the building of the Ninth
street sewer in Fairview.
According to the Realty Company,
the escape of water from the reser-
voir was enough to fill a four inch
pipe. This the water company showed
would amount in a day to 250,000
gallons, representing to them loss
of $50 a day. 1t was not likely that
they would be willing to allow this.
1t would not only be quickly noticed,
but it would mean the rapid destruc-
tion of the reservoir, according to Su-
perintendent French, in charge of the
reservoir.
Wendell Wright was the attorney
in the case for the Realty Company.
"The jury finds in favor of the
plaintiff in the sum of six cents"
This was the verdict brought in
Thursday morning last, to Judge
Luther Campbell. This, however, was
in favor of only one of the two joint
defendants, the William Penn Real
Estate Company, whose property,
lying to the east of the reservoir, the
jury found was 'amaged to that ex
tent. No dana ges, whatever, were
allowed for the alleged damage to the
land on the western slope. Officials
of the company when questioned as
to what disposition they would prob
ably make of the award said at once:
"Declare dividend"