Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-06-06
THE coURTs-lMpoRTAST CAUSES.

For several weeks past, The business in the
courls sitting in our city have kept suitnrs, wit
ncsses, Jurors lawyers and Judges indusrionsly
employed. Among the important and interesting
cases decided, none have involved graver legal
questions or a larger amount in controversy,
than The suit Of the Richmond Manufacturing
Company against The James River and Kanawha
| Company, lately brought 10 a close in our Supe-
rior Court, Judge Nicholas presiding. Il was
one OF number of actions brought in that court
against the same Company, by The Milling and
Manufacturing Companies here, 10 recover DANA
ges OF the defendants, for withholding, from
March, in the year 1888 until January 1899,
the supply of water for driving The Works Of the
plaintiffs, which ,hcY allege The James Ri
yer and Kanawha Company were, By It's
contracts, bound 10 furnish. In The case tried,
in which The Richmond Manufacturing Com
Pam was the plaintiff, The damage. were laid al
Fifty Thousand dollars. On The trial of The
case, it was proved, that the Old James River
Company, as early as the years 1901 and 1903,
had rented l20 inches Of waller, 10 be drawn from
the Canal Of the Company, without any limifa-
lion or restriction as 10 time or circumstances I'M
der which il was 10 he taken. Subsequently, and
while the James River Company was managed
by the State, other leases OF waller were made, 10
The extent of 800 inches TO be taken from tie
same Canal, but with stipulaiions that lis use
no, 10 interfere with the navigation, and when it
did then its supply might be withheld. These
grants OF water constituting in the aggregate a sup
ply of 100 inches, had been acquired BY purchase
By the Richmond Manufacturing Company whose
extensive works could only be driven through
its fundamentally. The present James Ri
yer and kanawha Company was incorpo.
rated in the year 1882, and was organized
in 1885, and is declared 10 be the successor Of The
old company, and 10 enjoy and have all its rights
and privileges, and be subject 10 all its liabilities
By The new charter, The new company is required
10 enlarge The dimensions OF The canal, if il
should be determined 10 make the improvement
in that mode. In 1888, the present company de-
lermined on widening and deepening the lower
level, which commences about three miles above
the city, for the double purpose Of procuring an
increased adequate and constant supply Of water
LOT Tie pun poStS VI IHCl-
denially for milling and manufacturing purposes.
In March, 1888, the water in the lower level was
drawn of, and kept out Of The Canal until Janua-
ry, 1882 when it was restored, and since then has
furnished an abundant constant and increased
quantity OF water for ali purposes. During the Pc
riod in which the water was out, all the ope-
ra,ions OF The mills and factories were sus-
suspended and no water rent was claimed or paid
II was proved and conceded, that the James River
and Kanawha Company had pressed with skill,
diligence aud prudence, the enlargement Of The
canal throughout the season Of 1888; that The de.
LAYS in finishing the work could not we'll have
been avoided, and that every effort TO accomplish
its completion was made But The plaintiffs,
notwithstanding this, insisted that they had suffer
ed heavy loss, by the Withholding the wafer s'pu-