Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-28
DAMAGED BY vIADUCT
Mr.. Dey Wants Compensation for
His DeBree Ave. Property.
Injunction Suit in the Court OF Law and
Chancery Argued Yesterday -Nowport
News Woman Gets Damages From c. s
o. for Loss of Household Goods In tho
Police Court.

Judge A. r. Hanckel. of the Corpora
ton Court, sitting for Judge Martin.
In the Court of Law and Chancery,
heard argument yesterday upon q mo-
ton TO dissolve an injunction prevent
ing the Sewells Point Railway from
building a viaduct over the Norfolk
and Western Railway tracks on De
Bree avenue extended. The case was
argued for several hours by Judge D.
Brooke Tucker and II. c. Davis, for
the railroad, and Colonel l.. ID. Starke,
Jr. for Mr. George ID. Dey, who wants
the injunction to remain in force until
he Is compensated for the damage he
alleges will result to his property by
the building of the viaduct.
Mr.. Dey is the owner of five lots
abutting on DeBree avenue, along the
centre of which street. for IL distance
of 300 feet, the Sewelrs Point Railway
has erected q viaduct % feet high and
ABOUT 20 feet wide. Mr.. Dey claims
that the building of this structure in
front of his lots practically destroys the
value of them. and that he has not
been compensated for the damages
done his property, the building of the
viaduct is an additional burden, or SER
vitude. on the street in front of his
lots, and constitutes the taking of the
same without his consent or without
compensation.
The railroad company claims that
the building of the viaduct was neces-
Stated by an order of the State Board
OF Public Works, and even though Mr..
Dey'S lots are rendered less valua BILE
the use of the street by the erection of
the viaduct thereon is reasonable and
legitimate, and 1t is absolved from any
liability.
The court reserved It's decision
VERDICT AGAINST c. & O.
jury in the Court of Law and
Chancery, Judge Martin presiding.
gave Mrs. a. Nj. Mentzer n verdict for
SiI6 against the Chesapeake and Ohio
hallway Company yesterday for the
loss OF the plaintiffs furniture. Mrs.
Nlentzer who until recently lived in
Berkeley but who now resides in New
port News. asked $500 damages. When
she moved to Newport News she had
her household goods delivered at the
Chesapeake and Ohio wharf. in Nor
folk. for shipment to the former place.
While at the wharf. the goods were
attached upon n distress warrant taken
1 out by Hoggard 6, Co. for SIT rent.
They were in due time sold. bringing
only 1852, with the auctioneers 10
per cent. commission to be deducted
The plaintiff claimed that the c. & o.
officials failed to notify her of the seiz-
ure of the goods. and she lost the OPP
portunity OF redeeming them before
they were sold at n sacrifice.
When the verdict was rendered
counsel for the defense. w. L. Will
liams. asked for a mis:rial on the
ground that the verdict gave the de-
PENDANT about $25 above the value of
the goods. r. w. Mallett. counsel for
Mrs. MentZer. accepted s151.65. the
agreed value of the goods, and the mo-
ton for new trial was Withdrawn.
PROPERTY TRANSFERS.
A deed was recorded yesterday
transferring from Ola C. Webster to
Martha c. Mebane. an improved lot
fronting % feet and three inches on
the east side of Botetourt street: 1O1
feet north of Mary's avenue; $1,000.
BANKRUPTCY PETITIONS.
In the office of the Clerk of the Uni
ted States Court yesterday two bank
ruptcy petitions were filed, as follows:
r. Beerman, of Norfolk. through p
]. Morris counsel. Liabilities s2.3lS.
with no assets.
Louis Richmond. of Newport News,
through a. G. Peachy counsel. LA
bilities, i,095. Assets. $2l50, claimed
as exempt.
IN THE POLICE COURT.
B. f. Walden, colored, was acquitted
of the charge of embezzlement in the
Police Court yesterday. The Justice
said Ii was q case for the civil courts
Frank Prout. colored. was sent on to
the grand jury for petit larceny. this
being his third offensc. He is charged
Hewitt. of 40 Roanoke dock.
Betty Johnson, colorcd. was sent to
Jail for sixty days for stealing s27 from
Alex. Williams. 4 sailor. Only 81 OF the
money was recovered.