Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-12-10

/, ENDsor THE VALLEY sRAILHpAD SUIT
I-VE.DIcT FOR THE COMPARATIVE
suit of the Syndicate VS.. the Val!syR. r
| for about $4,000, the difference b4tweer
\ the estimates of the Chief EngiLeeriand thu
Resident Engineer, was closed on Friday
last. aaSaYYAkA " sss on 20
On Thursday Judge Sheffey submitted
instructions which were given to the jury
] by Judge .McLaugIili "a T hey set. forth.
1st, that the final estimate made by the
Chief Engineer, III Jaiiuarv, after the sus-
pension Of the work iii December. was con
elusive between tire parties, and the jury
could not go behind it, nor find aayerdict
for any werk done except such as was
i allowed in the final estimate. exceptit was
shown that there was fraud or iDtertio al
misconduct on the part of the Chief En-
,gineer, End, that the fnal estimate of the
Chief Engineer, must be taken as super
ceding and substituting to all intents and
purposes the estimates of the resident EN-
gineers, except fraud or Intentional mis-
| conduct was shown. 3rd, that the jury
must disregard all evidence before them
tending to show that the dec sion of the
: Chief Engineer was an erroneous one, and
! they could find for the plaintiffs for only
the work embraced in the Chief Engineer's
fnal estimate, unless fraud was shown.
s4tll, that although The jury may, from
, other testimony init oduced before them.
differ in. opiniongwitt the Chief Engineer,
=, racnoot l,;c al oe ioncp ,.nnH
and solid rock, and although they may
thiuk the Chief Engineer made a mistake
In his classification, and that his decision
|. on this point vas erroneous, still they can
not revise and reverse it and set aslda his
final estimate. except for fraud. 9Th, to
Justify the jury in disregarding the GCiliei
Engineers final estimate, they must be
sat sfsds that he exercised the power given
him corrnptly and with intent to defraud
the plaintiffs aud, 9th, il The plaintiffs had
rock qaarried for the.w work at the time Of
suspension, but it had not been delivered
on the line Of the road, then the jury could
find nothing for any such rock in this
action.
The case ended on Friday night and the
jury composed of Messrs. d. N. Vanlear,
foreman, w. L.. Hunter. W. B. Patterson,
j. L. Wallace, j.. A. Hanger, R. w. Mof-
fett,s J. T. Black, TIL. Antrim, q. B.
Coiner, S. b. Allen, j. A. Gilkeson and
Jno, D. Brooke on Saturday brought in
Sthe following verdict: as
We the Jury. (under the instructions
given by the Court find a verdict for the
plaintiffs OIL the basis of the Chief En-
gineer's estimate; and thereuponi in pur
suance of the ter ns of parties inferred of
record we further find lst,, thattbe whole
amount that was due to the plaintiffs from
the defendants as of the 22d Of December,
1874, is So, 9gz03; and 81, that the por-
ton of said amount which is solyable in
money is S59,e3245; and the portion of
said amount v hich is solvable in town and
city bonds is 81, 7ss 81 aud the portion Of
said amount which is solvable in county
bonds is $3l sos. 49,; that the. face or par
value of sMd town and city bonds is
So 81. so and that the face or par value Of
said county bonds is $37 ,0s5 SO; and 3d..
that on the I'D of December, 1874, the
market value ofethe said town and city
bonds was IS cents in the dollar and that
of the county bonds 65cents in the dollar;
and 4th, that on the basis of the aforesaid
findings we find that the plaintiffs are EN-
titled to recover of the DEFENDANTS as dam
ages the sum of $s5.4O2,l l. and we allow
interest thereon from the 22d Of December
1874, till paid. 49, 's -.
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