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RT MADISON WEEKLY DEMOur-i.SRatit Vsi *1st)ly■i«i«tlg-inJAEGER CASEM U Il!: vni\lt;; 111{I \lt;.s MI.AIOK-IKS (il I ITK. \TlO\,_ !*clt; Uioiis Him* ( luinscil jiIr\ I ll«c|i Trial, I'lacli Sid«*nfieWinning.ifiri*instructions.re| \ftcr a lapse of five yeirs, during which lime two trial/? in the federalunaf, condemnation proceedings and, ja trial in the district court in this i tty were heard, the case of Joseph and William Jaeger against the Mississippi River Power company is ^ I apparently as far from ?ettlenient as )t I ever The reopening of the litigation was assured Tuesday when a new )t-j trial was granted by Federal Judge . t I Martin Wade on the ground of an ! error which had been made in theIsl,[ The Jaeger case is the most stubbornly fought legal matter which has ever been in the courts in this see-tl J tion of the state. Scores of expert witnesses, more than a dozen attorneys and numerous exhibits have been brought into the casei|jtor)' of t’asc.The Jaeger brothers own the sand pit about six miles west of the Santa Fe station and adjoining the Santa Fe track. After the dam was completed, the Jaegers Claimed ’ hack water from tin* river seeped into their sand pit. thus destroying 1 1 its value. The said pit is located t I about one quarter of a mile from the river and between it and thesI-dIH river is the Santa Fe right of way. r | The brothers opened a .-iit against the power company for t. »o,000. The suit was taken to the federal court at Keokuk. Thereafter tin*11aJaegers dismissed their suit and coalmen ed condemnation proceedings inlt; | this county. The sheriff’s jury appraised their damages at S.OOO. Not content with this, the Jaegers appealed from the award of the sheriff’s jury to the district court at FortMadison.The power company took the case to the federal court.t:*anfiThe case was tried in the F. S.fti.AI*Pcourt at Keokuk and the jury found aIa verdict for the defendant, the Mississippi River Power company on the ground that there was no taking ofvdihe sand pit and therefore there could he no lt;ondemnation. |The Jaegers then commenced a ' 11new suit against the company, claiming $.10,000 damages. This case was leinoved to I ho federal court at Keokuk, was tried last April and resulted * in a verdict of in favor of the ''Jaeger brothers. IThe Jaeger brothers filed a motion 1 for a new trial which was sustained ,0 by Judge Wuwe on the ground he '* had given one erroneous instruction. This re-opened the case and it will 11 probably be tried at the next term ,nof the federad court at Keokuk. 1 ,am1 so
Newspaper Details
Fort Madison Weekly Democrat
Fort Madison, Iowa, US
Fri, Jan 09, 1920
Page 6
Full Page
Clipped by
John S.
USA 11 Mar 2023
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