The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-03-05
'l'|'S,.FICH'ITIN'C
R..R,COMP ANY
HenrlCo Case May Go TO the
Courtof Appeals.
W. E. GRANT is OBJECTlN
The Chesapeake and Ohio Railroad En-
deayorlng to Stralghyen It's Track
BY Cutting Through the Form
er's Property

" q & i 4 u ~
A fight which may be carried into tho
Court OF Appeals Is now on In Henrlco
between the Chesapeake ana Ohio Rail-
way and Mr.. w. E. Grant. one OF the
best known property holders In the cou i'.
". incidentally the caso Is OF particular
Interest In that 1t calls into operation
for the first time the Mann law requir-
Ing that tho Governor Of the State shall l1.l
appoint Judge where the Judge o.
the county cannot with propriety serve, n
MADE A KICK.
p It seems to be tho desire Of the railway
to straighten It's tracks wherein possible
and get them In perfect condition. some
OF this track has been running along
the canal bank in Tuckahoe District, and
the company has made movement TO
strnighten it out. In order to do 80, how.
ever, 1t will have to cut through me
property Of MrFW. E. Grant, former
chairman OF the Board Of Supervisors o.
the county, and we'll known man. MIR.
Grant did not give entire agreement to
the plans OF the railway, and he at ozsIo
Instituted Vigorous kick. udge y!
Ashby Wtckham, Of Henrico. has prop
erlya lying near that Of Mr.. Grant, and
for this reason he could not serge The
Governor appointed Judge Clopton, OF
Chesterfield, and tho court decided in
favor OF the railroad and appointed COM
missioners to condemn the land OF MIR.
Grant, sl,B 5t.
Yesterday these commissioners met and
entered upon their work. It was Inn
possible to communicate with any o.
them last night Their report has not
yet been made, and hence it Is impossible.
to say what they decided with reference
to the damages to DO allowed to MI.
Grant. 1t Is understood that this gem
tloman has no idea OF submitting as
yet. A statement made yesterday was
to the effect that he would carry the
case to the Court Of Appeals.
ORDER OF THE COURT.
z The order OF the court appointing the
commissioners roads in part as follows:
"It appearing from the order hereto
fore entered In this cause that the judge
OF this court is so situated as to render
1t improper for him to sit In this case,
and In accordance with the statute ma9e
and provided, the Governor Of Virginia
having named Judge William l. Clopton,
OF tho County Court OF Chesterfield
county as the Judge to sit In and try
this cause; this cause came on this day
to be heard before this court. so constitu
ted, and the defendant filed his molten.
to quash tho proceedings; but the court
being OF opinion that the Chesapeake
and Ohio Railway Company has right
to condemn not exceeding ono hundred
feet In addition to the land occupied BY
this canal and its banks which 1t is
compelled by statute to maintain between
Bosher's dam and tldewater, and being
further Of opinion that between the
point "A" on the map and the eastern
line OF T. B. Davies land, not exceed
Ing one hundred feet, can be taken for
a change Of location Of plaintiffs road.
the plaintiff by consent OF defendant
amends the notice and map Herewith to
conform to the opinion Of this court;
but the defendant by this consent does
not waive his objection to the ruling Of
the court giving the plaintiff the right
to condemn as aforesaid, and excerpts
thereto. doth overdue said motion.
The commissioners appointed under this
order are Messrs. 8. c. Duval, Jacob w,
Nuckols, NJ. F. Butron, A. p. Sheppard
and Jacob +. Shaw.