The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-01-30
THE COURT ADJoURNs.
Now Commissioners Appointed In the
Railroad Cases.


honor. Judge VIM. Griffin on the bench.
The hearing was taken up of the de-
mand of w. L. Lockett for new COM
mission to reasses damages for the land
which the Roanoke and Southern Rail-
road occupy on his farm and that of his
mother, Mary Lockett, as right of way.
The property is on the line of the
Roanoke and Southern between Roanoke
and Cave Spring.
The same counsel as mentioned i'll
The TIMES of yestcrdy, were on hand,
namely Col. j. L. Penn for the defend
ant railroad and IIansbrouyh and Will
Jams, of Roanoke, and Col. James Logan,
of Salem, for the plaintiffs.
The evidence continued showed that
3 61-l00 OF w. +. Lockett's land had
been taken in tho right of way, all
the land thus taken by the road being
allowed by the commissioner to be
worth S215, and tho damage to the rest
of the property OH account of the roads
travcrsing the farm being fixed at 500,
making the land valuation and assess
ment combined amount to 1918.
Mrs Mary Lockett's land taken for
the right of way amounted to = 2-1O
the commissioners to be worth $40 an
acre, making the land valuation S22.
Damages resulting to the remainder of
the property from the roads crossing
tho property were fixed at S57, making
the total amount allowed Mrs Lociiett
$40. Mrs. Lockett's land was said by
witnesses TO be worth less than that of
w. +. Lockctt.
Judge G:;iin was of the opinion on
Wednesday Thai the commissioners wero
TO take into consi1cra ton in assessing
damages, fencing that it would be nee
ossary 10 erect on account of the in
roads made by the roadbcd.
Col. Penn ut that time maintained
that the law as passed by the last leg
islacure required the railroads to fence
their tracks, but there being 40 many
miles of railroad in the State, the leGis-
latnro allowed a modification OF the law
to the effect that If tho road did not
fence their tracks, land this would, it
was maint aimed entail enormous expen-
diturc upon the roads, they made them
selves liable to the fullest extent for
any loss that might result to the farm
ors and al persons living along the
line of the track.
Colonel liansbrough maintained that
this was not the law, and that if it were
the railroads rarely, if ever, complied
with its conditions.
His honor, Judge Griffin, said that
upon looking up the law he found that
Colonel Penn was right i'll his position,
and held that the roads must bear the
expense of fencing made necessary by
the laying of their tracks.
Then there arose discussion between
counsel as to whether tho increased
danger from forest fires, resulting from
flying sparks, had been taken into con-
sidera,i IN by the commissioners.
Commissioner Watts was put on the
Sand to decide this OF @ tion, and SAID
while the subject had not been me ntiontd
in Me. or Mrs. Lockett'S premises by tho
commissioners, they had given due con-
slderation before liking the damages.
Colonel Penn then argued briefly that
there was no necessity for a new com
mission in the case OF tho Lockett's,
and Colonel IIansbrough arose to argue
the opposite, but was interrupted by tho
judge, who said he had already maoe up
his mind. lie said that he did not think
that as full an investiga ton had been
made as should have been by The COM
missioners, and decided that now
commission should be allowed
The new commissioners agreed upon
by both plaintiffs and defendant are
VIM. Iircle, David ID. kefauver, ID.
Taylor Martin. Geo. Nj. Bell and John
Coles. They will decide the land valua-
ton OF the property taken up by the
right way, and assess damages for not
only w. +. Lockett and his mother.
Mary Lockett, but also for Mr.. Trout
and Levi Witt whose cases were heard
yesterday. Court was then adjourned
for the term.
The grand jury at this term of the
court have found true bills and issued
thirteen indictments against tho Nor
folk and Western Railroad COMPANY
for running freight trains on Sunday.
These will be contested at the noxt
term of the court.
Commonwealth Attorney IIansbrough,
OF Roanoke county, living near Salem,
will represent the Commonwealth, and
Griffin and Watts, of Roanoke, the rail
road.
a white man named Jack Evans was
found guilty of horse stealing, and SEN
fenced to five years in tho pcnitenti ary
Pink Gorton, u negro, was tried us be-
ing implicated in the theft, but was
acquitted.
Elem Wade plead guilty and was
fined $50 for carrying conc sailed wea-
pons.
Indictments were issued gainst Geo.
w. Simmons and Joseph Brsckett, col
ored, for felonious wounding Sim
mons offcnsc was shooting Elem Wade.
The will of Judge j. W. Palmer, de-
ceased, was admitted to probate, and
also the certified will of c. b. Oliver,
who died in Los Angeles, Cal.
GRAY-MALLAKD.