The Washington times., 1934-05-02
Court of Appeals of the District
Of Columbia

Of Columbia
| Washington Home for Incur
ables. Robert Sterrett, Henry
Hatch, Dent Sterrett, William D
Sterrett, ct al, appellants VS.
Melvin c. Hazen, George E. Allen
and John c. Gotwals, Commits
sioners Of the District Of Colum
bia, and the District Of Columbia
Condemnation, evidence.
1. In q condemnation proceed
ing, evidence to show that SINH
lar property, adjacently located
had been purchased by the gov
ernment q short time previously
at a higher figure than that men
toned by Government witnesses,
should have been admitted.
No. 1894. Decided April %,
1894.
Before Martin, Chief Justice;
Robb, Van Orsdel, HitZ and Gro
ner, associated justices. Reversed
with costs.
Stanton C. Peelle and Dale H.
Drain for the appellants. VIII
liam w. Bride, Vernon E. West
for appelleeS.
Mr.. Justice Van Orsdel de-
livered the following opinion:
Appellants appeal from decree
of the Supreme Court OF the Dis
trict Of Columbia in a proceeding
brought by the Commissioners OF
the District to condemn lands Tor
the opening and extension OF
Idaho Avenue, between Rodman
and Tilden Streets; Thirty-seventh
Street, between Quebec and Up
ton Streets; Tilden Street, be.
tween Wisconsin Avenue and
Reno Road; and the widening OF
Reno Road through parcel 1865
in the District Of Columbia.
It appears that Appellant Will
liam D. Sterrett, in 1881 sold to
the United States for the use OF
the Bureau Of Standards. at the
price Of 10 cents per square foot
q parcel Of land described on the
plat as 44-32, containing 1918
square feet, fronting on Pierce
Mill Road, similar to and less
than q city block distant from
part Of the land here sought to
be condemned. It also appears
that a short time prior to the
institution of this proceeding, the
Commissioner Of the District OF
Columbia had purchased land at
so cents per square foot Tor a
school and playground site. lmme'
diately adjoining and similar TO
the land sought to be condemned
in this proceeding. consisting OF
three parcels bounded on the west
by Thirty-Seventh Street, on the
north by Tilden Street, and on
the east by Idaho Avenue.
The testimony introduced on
behalf of the Commissioners
fixed the value of the property
to be condemned, belonging to
the appellant. Washington Home
for IncurableS, 55,158.06 square
feet, at an average Of about 18
cents per square foot; and the
property belonging to the ap'
pellants Sterretts, 128,83O.S
square feet, Immediately adjoin,
ing the school site, at about 2U
cents per square foot.
The appellants offered as wit
nesses two real estate experts IN
the District of Columbia, one OF
whom, the witness Arthur c,
Houghton, fixed the value Of
the property to be condemned
belonging to the Washing
ton Home for IncurableS, at
65 cents per square foot, and the
property belonging to the Ster'
retts at IS cents per square foot
The other real estate expert
Thomas P. Bones, fixed the value
of the property to be condemned
belonging to the Washington
Home for IncurableS, at IS cents
per square foot, and the property
belonging to the Sterretts at IS
cents per square foot. On the
other hand, the expert witnesses
produced on behalf of the Dis
trict, fixed the value of the land
to be condemned at prices rang
ing from 13 cents to Is cents
per square foot.
The jury, in its verdict,
awarded to the. Washington
Home for Incurables, the sum OF
$l1,031.61, or 20 cents per square
foot; and assessed benefits in
the sum of $5,648.70, leaving
net amount which the home
would receive of $5,382.91, or a
fraction over 9 cents per square
foot for the land taken. The
Sterretts were awarded $29, 1853 SO
or a fraction over % cents per
square foot, and assessed as ben
efits $19,972.94, leaving a net
amount Of $9,193.42, or a fraction
over 7 cents per square foot.