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argued for introduction of the correspondence between the two attorneys. “Proof of attempts to compromise is very relevant,” he said, asking the judge to read the letters and see which parties were interested in compromise and which were not.
Robinson agreed to receive the correspondence as evidence. “But I’m not sure its going to have great probative value,” he added.
Under further questioning, Kid well stated that on November 9, when work began, he had not agreed to widening the roadway. Spellman commenced bulldozing “well into our lot A, 60 or 70 yards from our house,” rather than at the start of the right-of-way at Route 729 or at the end where Saltonstall’s 70 acres are located.
If the roadway had been widened to 50 feet, it would have “most definitely” taken fences and trees on Kidwell’s property, “very possibly” affected the stream that provides water for their cattle, and “could have” affected the septic drainfield for their home, the plaintiff maintained.
Kidwell also testified that during an earlier logging operation at Saltonstall’s 70 acres on top of the mountain, a tractor pulling a 40-foot flatbed trailer had negotiated the right-of-way to Route 729 two or three times a day for six to eight
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