New Britain herald., 1915-04-26
TRANWAY CO. AGREES
TO SETTLE FOR Trees
ATranges TO Send Checks Repre-
SentjDg $4,000 iOPT0peIty Owners.
ATTORNEY NOTIFIES COMMITTEE


Of William l.. Cowles Brought Here
for Interncnt.
Checks representing $4,000 in set
tlement of claims for damages caused
to trees in town by gas, which es-
capped from the mains of the Bristol
and Plainville Tramway company a
few years ago, will be mailed tonight
or tomorrow to local property own
ers, according to an announcement
made by Attorney Noble E. Pierce,
counsel for the trolley corporation.
Lawyer Pierce has notified a. H.
Condell, a member of the committee
named to represent the property
owners in getting the claims before
the company, that the board of dl-
rectors has passed on the bills ds
submitted and that arrangements
have been made TO mail the checks.
Twcnty-four property owners Will
be compensated for the loss of their
Gins and NAPLES, the company pay
inc - their claims in full. AT
tor11el' ". F. Henney of Hartford,
the legal representative of the claim
ants, has been advised of the COM
panys decision to settle without fur
Their litigation, and the threatened
suits will be abandoned.
Members of the committee are
elated over the company's decision,
as they believe it to be a complete
victory for the property owners they
represented. The committee had de-
cided to make no concessions and had
informed Attorney Pierce that SUIT
would be instituted unless the claims
were settled in full.
The damages were asked for on
the estimates of the committee as to
the value of the different trees killed,
the decision of the superior court
on the five suits brought in connec-
ton with the case a year ago, serv-
ing as a basis for calculation. The
report was then submitted to each
property owner concerned. Some of
them at first protested against sign
ing them as they believed they were
entitled to larger amount than the
committee had named, but after the
conditions were explained all agreed
to stand back of the report.
The value of the trees, as estimated
by the committee, varied from $50
to 500 each, according to size and
location. This amount, the commit
tee claims, agrees with that allowed
by the superior court to John B.
Minor, F. S. Neal, F. B. Newton, A.
H. Condell and A. H. Dresser for the
trees they lost. This quintet was
selected by the property owners COM
mitee to test the validity of the claims.
The amount awarded to them was ST.
500. which is perhaps slightly in ex-
cess of what other property owners
will receive, figuring on the number
of trees lost.
The committee which made the in
vestigation and took the matter be-
fore the company was made up of
A. H.. Condell, ]. B. Minor and F. &.
Newton.
After the property owners decided
to pool their interests, a few of those
interested withdrew from the combi-
nation and it is understood that ar
rangements have also been made to
settle their claims through their re-
spective attorneys.
The company has not yet made any
announcement concerning it's probable
action on the claims of the town. The
selectmen have presented bill for
the expense incurred in removing the
stumps of the dead tres and has also
rtained Judge Henney to make claim
for the loss sustained, by the town
because of the leakage. 1t is the
selectmen's contention that the killing
of the trees impaired the appearance
of the streets and also removed
valuable protection from the high
ways and they want a monetary set
tlement.
Tt is believed that the company will
make an effort to keep this case out |
of court and there is likelihood that
a settlement will be made without re-
sorting to litigation
The extension of the gas mains to |
Plainville has proven very expensive |
to the tramway company and it will |
be years before the system here will |
show any profit. When the pipes were |
laid the joints were sealed with cement |
instead of lead and. as a consequence |
the gas escaped. communicating the |
soil and killing the trees. Thousands |
of dollars were spent in uncovertng |
the mains and resealing the joints and !
the company has already arranged for |
the payment Of $500 in settlement Of |
the claims of the property owners. |