A Two-Year Railroad Fight Ends with a $6,000 Check

After a jury had been empaneled ready to proceed with the trial this morning, the case of H. M. Lund versus the Idaho & Washington Northern Railroad was settled out of court at Colville last evening. The railroad company agreed to buy the property in dispute for the sum of $6,000.

This case has been hanging fire in the courts since the entry into this city of the railroad in October 1907. At that time Mr. Lund applied to the Superior Court of this county for an injunction restraining the company from operating trains over its tracks in front of his store on Fourth Street until settlement had been made with him. The company appealed to the Supreme Court of the state from the decision of the Superior Court, but the Supreme Court held that the injunction was proper and gave the company thirty days in which to institute condemnation proceedings against the property. This was done, and the case has been set for hearing several times, being postponed for various reasons.

Mr. Lund's contention that his business property was damaged by the nearness of the railroad tracks would certainly have been sustained by the courts, and the settlement out of court is doubtless fair and more satisfactory to both parties to the contention. The Lund Hardware Company had already planned to remove from the old site and has under way a modern building on Washington Avenue. The railroad company will doubtless remove the old building, which will give the public a better view of approaching trains and lessen the hazard at this crossing.

The following from Newport were at Colville this week to give testimony in the case: Mr. and Mrs. Lund, C. A. Fiedler, F. C. Jones, C. F. Craig, John Koch, C. E. Smith, Jacob Martin, J. C. Grover, Edward Britton, J. R. Patterson, Chas. Freeman.