Jasper County Democrat, Volume 13, Number 75, Rensselaer, Jasper County, 4 January 1911 — MUST REMOVE BRIDGES. [ARTICLE]

MUST REMOVE BRIDGES.

Railroads Cannot Recover Damages Occasioned By Removal of Bridges for Dredges. Nearly 'two years ago Attorney H. S. Barr, acting as special judge at Valparaiso, tried a case lasting eight days, the action being filed by the Chicago & Erie railroad against a dredging company because the railroad company had to open up its track and let the dredging machine pass through near Boone Grove, in Porter county. The railroad traffic was tied up for a day and a night, and asked damages in the sum of $20,000, the cost of detouring trainsand other expenses they were put to while the machine was passing over the right-of-way. In the trial in the lower court Judge Barr found agajnst the ralirohd, and the case was sent to the Supreme court which has this week upheld Jddge Barr’s decision in the lower court on the grounds that drainage is a public necessity and that railroads have no claim for damages, notwithstanding that in opening their right-of-way the company may lose heavily. This decision effects every railroad in the state, as no law prior to this decision was ever rendered by the Supreme court touching upon this point. It was only a short time ago that the Panhandle company held up a dredging machine at their right-of-way near Lacross for several years, until the boat rotted down and contractor went “broke” fighting the company. This new decision will be pleaking to dredging concerns as the railroads have been thorns in their paths heretofore. It is also claimed that this ney decision will now cut off about $60,000 of the assessments of the proposed Burns ditch in the north end of this county, which was estimated and assessed against the adjoining lands to be paid to railroads as damages in going through their right-of-ways. A number of corporation attorneys feared when the Erie started the suit that the railroads would get their sails trimmed and It proved true.—Crown Point Star.