The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-08-31
TAZEWELL.
What the Circuit Court Is Dolng mt This
Term.

What the Circuit Court Is Dolng at This
Term.
> 1ccal Correspondence of THE TINES
TAZEwELL, Aug. 30.-Circuit court has
been running here for the past three
weeks, Judge S. w. Williams on the
bench. Judge Williams will leave to-
day or tomorrow for his next appoint.
ment on this circuit, and Judge Morris
of the Sixteenth circuit, will take his
place.
The first case tried was Samuel Nor
gan VS.. the Virginia Fire and Marine
insurance Company, of Richmond, in
which action the plaintiff sues for 81 500
insurance on stock of goods burned at
Cedar Bluff about three years ago, pay
meht OF which was refused by the de-
fendant, 1t claiming fraud. The defense
is that the stock of the plaintiff was
hrst taken out of the building secretly,
leaving almost nothing in the store,
which was then burned. However, there
is no proof of those, but only suspicion.
The case has been tried before, result.
ing in hung jury. This time the plain
till got verdict for $3.50. The defend.
ant at once moved to set aside the yer.
dict and, the plaintiff being also dissat-
lshed and not opposing the motion, the
verdict was set aside. The case was set
for rehearing this term and came up
to-day
few minor cases intervening, on,
Wednesday last the case OF Charles
Scott, Jr., vs.. the Norfolk and Western
kallroad Company came on 10 be heard.
This suit is for damages for a loss al
legged to have been sustained by reason
OF the cancellation by the railroad com
pany OF contract for ITO, 900 Cross ties,
made between Chas. Scott, .Tr, and the
Norfolk and Western Railroad Company.
Mr. Scott alleges, in his declaration,
that at and before the signing of the
contract, w. w. Coe, on the part of the
railroad company, promised to haul from
the New River Division of the Norfolk
and western railroad to the Clinch Val
ley Division of the same, $4,000 ties,
this agreement not being part Of the
written contract sued on, but verbal
Upon the plaintiffs Offering to produce
letters and testimony in support Of his
allegation, the court, in response TO
motion of defendants COUNSEL, decided
to exclude all evidence in regard to this
agreement, whereupon the plaintiff re-
fused to produce any other witnesses,
as the success OF his case depends upon
this point and plaintiff having failed to
make out case, the defendant was not
allowed by the court to put nay evidence
before the jury and the jury was ordered
to find for the defendant. thus closing
in three days case which on former
trial occupied twenty one days and re.
suited in hung jury, that stood seven
for and five against the plaintiff. The
case will now go to the supreme court on
appeal.
The court, by means of the crowd it
attracted, has been very profita bio to
the Tazewell Court House Improvement
Company. They have sold several lots
OF their property between Main street
and the depot, besides reaping rich
harvest from their street car line, which
runs from Main street down Tazewell
avenue to the railway station. under
stand that the Indebtedness OF this com.
pany has been reduced TO not more than
$4,000. and they are rapidly pulling
up" having recently sold a number Of
lots; upon which half dozen or more
houses are now going up in addition to
those already erected. This company,
unfortunately, commenced business lust
as tho financial depression OF 1890
struck the country and are just begin
ming to recover. J.R.H.