The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-23
SOUTHERN SUPPLY co. WINS.
A JUDO MENT FOR ABOUT $4,000
AGAINST THE #. C. & p.

Auditor w. w. MackaI Finds in Fa-
Nor of the Contractors who Built
the Savannah ExtensiOn-Gave
Them Over 100000 Principal as of
Jan. 1, 1S9f-BOth Parties Held to
Be Responsible for the Delay in
COnstrucfIOn-Audit Report on
File in the Superior Court.
Mr.. w w Mackal, auditor of the case
| of the Southern Supply Company of At
| lanta, against the Florida Northern and
the Florida Central and Peninsular Rail-
road companies, has just made a report
to the Superior Court in which he finds
in favor of plaintiffs for sum which win
amount to about $4,000, this being about
$4,000 less than the amount claimed.
This is one of the most important cases
that has been before the Superior Court
Of Chatham county in some time. In 1898,
the Southern Supply Company of Atlanta,
of which Maj. 1. Y. Sage is president I'M
dertook the construction of the extension
of the Florida Central and Pennsular
Railroad from Harris Road 10 Savannah,
distance Of about ZIG miles.
According to the contract the road was
to have been completed by Sept. Is of that
year There having been certain delays
an extension of time to Nov. was agreed
upon. The extension was not completed
at that time, and as a matter of fact, was
not finished until Jan. l, 1894. The delay
was due to various causes, and there was
considerable dispute between the contrac-
tors and the railroad company to who was
| responsible for it.
| Dec. Is 1894, suit was brought in the Su-
| perior Court by the Southern Supply Com
| pany against the Florida Northern and
| Florida Central and Peninsular Railroad
companies, the extension having been
| built under the charter of the former COM
pany. The contractors sued for about
| $4,000, balance due on the contract price
! of the extension, alleging that they had
| complied with their contract as speedily
as it was possible for them to do So and
claiming on account of certain facts which
/ were cited that the delay in the main was
due to the action of the railroad company
| itself, and the alleged incompetency of
certain engineers who were in the railroad
company's employ.
The Florida Central and Peninsular
Railroad Company not only refused to pay
the amount of the claim or any part of 1t,
| but claimed damages from the Southern
! Supply Company to the extent of about
! $4,000 on account of the delay which its
| officials attributed entirely to the contrac-
tors.
In january, 1885, W. w. Mackall, ESD,
was appointed auditor by Judge Falligant
to take testimony, and inquire into the
facts and the law involved. Many wit
nesses were examined from time TO time,
and the book containing the evidence is
a vo.uminous one. In July of the present
year the case was argued before the audit
or on the part of the plaintiff by Maj. P.
| W. Meldrim and Mr.. Jacob Gazan and on
the part of the defendant company by Col.
| Henderson of Tallahassee and Mr.. 8. b.
Adams of this city.
After going thoroughly into the case,
Mr. Mackall found that part of the delay
was due to the Southern Supply Company,
part 10 the Florida Central and Peninsular
Railroad people, and part to providen-
| tial causes, the yellow fever epidemic in
Brunswick, in 1898, having interfered con-
| siderably with the progress of the work.
In summing up the various claims on
both sides, Mr.. Mackall found the amount
of items chargeable against the rallroad
| company was SIC, 75S.52 The amount of
items chargeable against the construction
| company he found was $16,41S.7O, leaving
a balance in favor of the Southern Supply
Company of SEQ, 1874 50. The auditor render
ed a Judgment In favor of the plaintiff for
this amount as principal as of Jan. 1, 1894.
| The interest on this amount from that
time will bring It up to something over
$4,000 OF the amount of the judgment,
the auditor decided that 1854 is en-
titled to rank as q contractors lien on the
property of the Florida Central and Pc
insuar Railroad Company.
The report of Mr.. Mackall in this case
shows that he has done an enormous
amount of work in connection with 1t.
which will be appreciated when it is noted
that the typewriter testimony covers over
7O9 pages, and the hearings cover period
of about three years. The report is most
Systematically and logically arranged, and
is the clear, concise and thorough exposi-
ton of his findings on the questions of
fact and of law involved: The report it,
self covers over fifty pages of closely type
written matters, and deals carefully with
every feature that this big case has
brought forth.
Either party to this suit has the right
to file exceptions to the report Of the aud
itor. but such exceptions must be filed
| within twenty days of the fling of the
report In the event exceptions are made
the case may then go before jury as to
matters of fact and before the court as to
| laoa1 Doints involved,