The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-03-20
POWER co.'s REASONS.
Continued rom Page H.
damage which it mas caused, but that of
course should not include claims based

damage which it mas caused, but that of
course should not include claims based
"A. On the acquisition of property
more valuable than the prop
erty which was destroyed, or
ID. on damages caused by others,
OR
&c On damages which arc excused
because of past decisions Of
the Selectmcn Of Brattlcboro.
Taking these matters up in order our
contentious are
"First-The present bridge Is a very
much better structure than the bridge
which il replaces. The town now has n
new bridge good for at least So years in
place Of an old bridge which was about
20 years old when destroyed. and there
fore at least onc-third deprecated. Fur
thcrmorc, the new bridge is modern
structure weighing over III tons, as
against an old bridge weighing 2Go tons
Counting in the depreciation of the old
bridge ii is clearly evident that the new
bridge is worth to the town ut least 30
per cent more than the old bridge and we
certainly should not be expected TO pay
for such bctterment.
IF a mans house is insured for $40
900 and he chooses to rebuild with
house worth 100000, the insurance com
pany bases its payment upon the value
of the old house.
four years after our Vernon dam was
built and placed in operation, built an
cmbankmont which reduces the width Of
the river during food periods by about
33 per cent. II also placed a series of
piers in the river, which materially him
der the flow of ice through the same and
slow up the speed and change the direc-
ton of any moving body of ice. 1t is our
belief, based upon the opinion Of EXPERT
engineers, who have been over the ground
that if the river had remained as it was
before the railroad bridge was built the
ice would have moved down stream with
out injury to the bridge. The. damage to
the bridge was caused by the last foot of
rise, as the ice barely touched the bridge.
and was just high enough to cling to its
lower girders and thus form an obstruc-
ton against which later ice piled up and
finally showed the bridge down stream 1t
is our belief that the railroad is reSpou-
Sible for the loss of the bridge and frankly
we are surprised that no claim has been
made against it. 1t seems to US self-evi-
dent that a blocking of a third of the flood
width of the river must have added to
flood height of the river at Brattleboro
''Ihird.-AS the Vernon dam was near
ing completion in 1909. the officers of this
company took up with the selectmen of
BrattleborO the changes necessary i'm the
bridges and roads across the river at Brat
tiebOro. 1t was agreed that the covered
bridge over the east branch should be
raised. Accordingly, it was raised and
no serious damage has ever been done 10
the bridge since that time We also sug-
gested To the Selcctmen of Brattleboro
tic adviSability of raising the iron bridge
which was carried away. Our estimates
were that the east wonld be from $4,000
To $4,000 and the company through Mr.
Fits, its counsel. and myself its execu-
tive officer, offered 10 raise the bridge at
he nv md aI,rT.. 1,
action. Mr.. Charles Crosby. who owned
the griSt mill just north of the bridge
bitterly opposed the raising because he
said it would make it more difficult for
teams to get to his mill. After much dis
cuSsion the Selectmen decided. because of
Mr.. Crosby's opposition. that the bridge
should not be raised. If the bridge had
been raised, as the company offered and
ADVISED the damage would not have been
dpttc. Frankly. II docs not seem to us
that we should now be made to suffer
because n former Board of SeIectmcn of
your town declined to permit us TO raise
the bridge.
In view of all these facts and i'm view
Of the further fact that there was an cx-
traordinary combination of natural cor
ditioES when the bridge went ont and
during the preceding winter. and in view
Of the Vermont decisions holding that
extraordinary natural conditions cgunot
tc reasonably foreSecn. and damage. re-
@ultinE rhorcir1m cannot be reasonably
prevented, we believe that in a court Of
law we would Ice cxoueratcd from tIt. I4;Iy-
Meut of any damages. Ncvart nrIess T.,
show our good faith 10 TIE town. we lg,.
offered 60 settle on Gfty-fftv basis and
We hope upon further consideration Won
viii see the rrasouabicnosS of o3lr virv-
and appreciate that We are acting nat
only in fair bat liberal way in making
such an Cffcr
We appreciate the onportupffy Won
gave us 10 discuss this matter with you
and we shall be very glad indeed To dis
cuss it with YOU. further at your measure
Very truly yours.
GIT ARpTzFAN-,,