Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1889-12-29
THE LAST OF It.
A Long-Drawn-nat Railroad Litigation
Settled,
BY THE PAYMENT OF OYER $23, 900,
A Case Which Has Been in the Courts for
twenty-five Years.
An OUTLINE OF THE MATTER

A railroad litigation which has been il
the Courts OF the upper counties Of the Pan
Handle, and in the Supreme Court of the
State, for twenty-five yesrs past, has at last
been settled.
The case is enc which is more Or less
familiar to a considerable number of the
members of the bar in Brooke, HancOcb
and Ohio counties, through their having
been engaged in it at one time or Other
during the long time the matter has been
in process Of adjudication, and attorneys
in Pittsburg, New York, Philadelphia and
elsewhere have also had something to dc
with bringing about a settlement of the
points at issue.
The following outline of the case, will
Prove of interest to the general public. a
complete history of the matter would I'LL
several books probably, but as the litiga-
ton became fearfully and wonderfully
complicated, the inside points would be
difficult OF explanation in brief form, for
the general reader:
In 1867, George Marquis Chapman, a
wealthy New York contractor, brought
suit against the Steutenville and Pittsburg
railroad company for $270,0 00 The suit
was begun in the Hancock county, w. Va.
Courts and the claim was based upon ser
vices, labor aud material furnished in the
construction of the old Pittsburg and Steu-
benville railroad. 1t went through the
tedious course Of litigation, and from the
Court of Appeals was remanded to the
County Courts, when the P. Q. Il st. l..
Ry. Co. to evade an execution, purchased
and laid a track upon other property than
that originally occupied in Hancock coun-
ty. This sharp move on the part Of the
railroad company, came about in this
way:
When Chapman obtained a judgment
against the Railroad Company he posted of
to Hancock county, and directed an at
tachment against all the property of the
Railroad Company lying in that county,
through the error of supposing that several
miles of their main line was contained
therein. The fact was, that bat about
half mile Of road was located in Han
cock county, and all or the greater pOr.
ton of that little stretch was promptly
abandoned by the Company, which Sc
cured another right of way and built Q
new track. The property thus obtained
WAS not of a great deal of value to Mr..
Chapman, and litigation was resumed.
In 1888. John NJ. Cook, Esq, of Stcuben
vile, received from Mrs. Maria E. Lewis,
daughter of A. D. Cook, former Steuben'
Vile resident, papers substantiating hel
claim to q one-fOurth interest in the judg
ment of the Chapman suit. The matter
was still in litigation, and Mr.. Cook frs
procured r. G. Barr, who was since killed
to assist in prosecuting the claim. Twt
years ago Mr.. Chapman settled with tn
Pan Handle Company upon a basis o
$50. 600. and after some litigation tina
amount, less 500, 600, the one.fourth in
terest claimed by Mrs. Lewis, was pai'
to him. Mr.. Chapman contested the CLAIM
of Mrs. Lewis, but shortly after the settle
ment died. Mrs. Lewis also died, Leaving
as her heirs her husband and one child nov
eight years old. Friday Hon. J. Dunba
and Mr.. John NJ. Cook met upon the case
and a fall settlement was effected, b,
which Mr.. Cook, as attorney for the heir
of Mrs. Lewis, received S23, 300 in cash
Daniel Lamb has been connected with tn
case since it's inception, and now coDgratu
lates himself that ne has lived long enougl
to see twenty-five years Of litigation set
tied. Judge Melvin and Judge Jaco
have also been in the case.