The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1916-05-11
CRITERION FOR The FUTURE
Officials See in This Award by the Jury
First Measure Of Damages in Connec-
ton With the Elevation Plan-Com-
pany May Not Appeal the Case.


Karnes won notable victory over the
North Western Railway company in
the circuit court late Wednesday after
noon when the jury which heard the.
evidence in the suit OF the North
Western Railway company against the
Karnes sisters in connection with the
condemnation of land for the industrial
tracks brought in verdict fixing the
amount to be paid by the company to
the property owners at 81, $4,000. This
was more than double the amount of
$4,000 which had been named by the
commission named by the court several
months ago to fix the value of the
property taken and the amount to be
paid in damages. The jury found that
the actual value Of the property taken
was 100000 and found that the
damage to the other property owned
by the Karnes sisters should be placed
at $4,680.0O.
There vas a wide variation Of val
ues shown in the consideration Of the
case by the jury. In the four hours
and more that the jury deliberated
several of the jurors insisted that the
larger amount and the verdict as it
was finally worked out was compro-
mise. The Karnes sisters appeared to
be entirely satisfied with the award Of
the jury. The attorneys of the North
Western Railway company were not in
court when the verdict was returned
and they have made no statement as
to the possible attitude of the company
toward the verdict. 1t is possible that
an appeal will be taken to the supreme
court, but it is said to be mere proba-
BILE that the company will pay the
amount assessed by the jury and drop
the litigation.
The court held that the Karnes sis
teri had no right to collect any com
pensation or damages for property
alleged to be owned by them which
was situated on the east side of Pike
river.
The fight over the condemnation of
the Karnes property has been the most
notable in connection with the move
ment of the North Western company to
prepare for track elevation.
The amount Of damages and compen-.
sation awarded to these two property
owners is interesting as "straw'' to
show what elevation is going to cost in
Kenosha. If the award to the Karnes
sisters is to be taken as criterion to
the manner in which juries in the cir
cult court are going to assess damages
claimed in connection with the eleva-
ton plan, it is pretty certain that the
damages to be paid following the ele-
walton of the tracks will be consider
able sum Of money.
Men interested in the elevation plan
insist that the damages awarded to the
Karnes sisters by the jury were largely
effected by the belief that the property
in question has an especial value on
account of its proximity to the big
plant of the N. r. Allen s Sons com
pany. Several of the members of the
jury admitted that they had taken this
fact into consideration. Other prop
erty affected by the elevation plan
would not have this claim for large
award.
No other condemnation actions are
pending at this time in connection with
the rebuilding of the switch tracks and
it is not expected that there will be
any further court actions to fix the
value of property.