Third Street’s Sidewalk Standoff—and the Railings That Made It Worse

In lowering a portion of the sidewalk on the east side of Third Street for a short distance north of James Street, the city has partially removed an eyesore which has existed for a number of years. But there still remains a strip on Third Street that city officials say will not be brought down to the level until the property owners consent to release the city from all damages. Some of the property owners have already done so, and thus made the improvement possible.

The Third Street grade has given the city much trouble. The street was graded years ago, and the natural slant of the ground was not disturbed; as a result the street was much higher on the east side than on the west. In 1891, when the street was planked, it was found necessary to cut down the east half in order that the street might have a level surface. The cut left a large number—in fact, most all—of the buildings on the east side of the street several feet above the level of the street. The majority of the property owners accepted the city’s offer to bring the sidewalk down to the street level and place the front of the buildings in presentable condition.

Mr. and Mrs. J. H. Scurry, owning the Albion Terrace, refused the offer of the city and commenced suit to recover damages, alleging that in cutting down the east side of the street the city greatly lessened the value of their property. The superior court ruled against them, and the supreme court sustained it. The decision was handed down more than a year ago.

The eyesore, however, continued in existence. A few weeks ago Street Commissioner Alexander, in view of the fact that a great many actions for damages were pending, erected railings on the outer edge of the sidewalks on Third Street which had not been brought to the level. The railings were a greater eyesore than the walk and did not have the desired effect. Mr. Scurry announced his willingness to release the city from damages; the railing was taken away and the sidewalk cut down. The city consented to lower a portion of the sidewalk in front of her property. Several other property owners are willing that the city shall go ahead and put the sidewalk in front of their property at the proper level.