McQUESTEN ARBITRATION IMPORTANT DECISION AFFECTING HUNTER STREET PROPERTIES

The T.H. & B. offered the McQuesten Estate $1500 damages. But it was refused--The arbitrators find for the Railway and stick the Estate for that much damages.

D'Arcy Tait representing the T.H.& B. Railway, this morning took up the award of the arbitration--Judge Snider, William Bafi[?] and W.F. Walker--in the McQuesten-T.H.and B arbitration. The McQuesten people claimed $1000 damages for injury alleged to have been by the railway to the Homestead property on Hunter street. The railway offered $1520 in settlement. This was rejected. The arbitration followed. Chisholm & Logie acting for the McQuestens. The award is a short document. it says that no damage to the property has been discovered other than that of smoke, noise and bustle attendant upon the operating of the railway. These latter cannot be assessed as damages, and therefore none are awarded. Costs are against the McQuestens. The arbitrators' fees are $615 and the railways costs will swell that amount to $1600.

Actions to cancel arbitration are now pending against the railway brought by Col. Magill, J. Billings and Dr. Rosebrough. All three properties are in the same relation as that of the McQuesten property and in view of this award it is likely the actions will be dropped.¹

¹ This article helps to explain the railway line that runs between Whitehern and the MacNab Street Presbyterian Church, the McQuestens' church. The McQuestens were very disturbed legally and emotionally by this railroad. Obviously legal action did not rule in their favour.