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Show ! LEWIS GAINS A POINT IN PINGREE SANK LAWSUIT Thi? morning Judge P, C. Loofhon-row Loofhon-row of Salt Lake resumed th'' bearing bear-ing of the damage suit of the J S Lewis dompanj against the I'ingree National bank. In whit b the plaintiff not only seeks $2600 damages but wants the massive front of the bank building plat ' il b.ick on the property line. The theory of the defendant company, com-pany, so far disclosed. Is that the bank building was erected under a permit from the city, and that also numerous other buildings have been erected out on the sidewalk Bpai 81 and that 111 the business district, cen eraih. the sidewalks are being used for show cases and stairways to basements, base-ments, trespassing upon the sidewalk from three to five feet, and the defendant de-fendant company s bank front should remain where It is. Judce Iyoolbourow. however, this morning sustained an objection to the Introduction of testimony respecting the trespass of other huildlnRs on the sidewalk, the objection being raised on the grounds that such teatimonj would be immaterial irrelevant and incompetent, the idea being expressed that one trespass does not justify a nother Judce H. II. Henderson for the de f.-ndnnt this morning read into the record the following offers of testimony, testi-mony, saving exceptions to the ruling rul-ing of the court on each offer: "The First National bank on the comerof Washington avenue and Twenty-fourth street has an aerial way 100 feet long and 5 feet wide on the sidewalk south of the buildlnc which Is used by the bank for light ing the basement and for the erec tion and maintenance of a staircase ! leading to the basement and' that the I front steps of the bank, facing Wash-I Wash-I Ington avenue, extend over five feet on the sidewalk. ' In 1011 and 1912 the Utah Nation al bank erected pillars on the west side of the building three feet on the .-ni. walk and that on the north side of the building were erected and la now being maintained a staircase ex tending more than five feet on the sidewalk and leading to the base-in base-in ent. "The corner walls of the Reed ho tel building occupy five feet of sidewalk side-walk sp'ce and the Commercial National Na-tional bank occupies five feet of side walk space for a stairway leading to the basement" The attorney stated that he offered the testimony to show that it is the r n-iiim and common usage in Ogden. ,u the business districts generally, to use considerable space on the side walks for business purposes, not only in the building of staircases, and the erection of show cases which have been Imbedded in the concrete and have become permanent fixtures, but that buildings have been erected on the sidewalks and permitted to re main there. Judge John G Wil. for the pliin tiff objected to each offer and- the objection was sustained. County Surveyor Ralph Corlew was called to the witness stand to identl iv a map of a part of the main business busi-ness district which he had made, showing the exact sidewalk space used by various business firms, for show cases and other purposes. The plaintiff rested his case last evening. |