Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1908-01-29
Town Sued for DAMAGES

John L. Crow against the Corpor-
alton of Berryville. and the notice
Served on Recorder George n. |
Hardesty.
Mr.. Crow, who, il will be recall
I'd was superintendent of the Ber-
ryville Water Works, was also
employed to work on the new re-
Servolr and dam ON the Blue Ridge.
He was removed from Office last
fail, as told of in the COURIER at
hat time, and was also ordered TO
stop work on the reservoir.
Mr.. Crow claims damages from
the town for being ordered to dis
continue the work, and through his
sttorney, Hon. Marshall McCor-
mick, has filed the suit.
We publish the bill of complaint
IN full, as follows:
John T. Crow, plaintiff. com.
plains of the town of Berry willie a |
municipal Corporation organized
under the laws of the State Of Vir-
g'nia of a PLEA of trcspass on the
case IN assumpSit in this to-wil:
That heretofore, tO-wii: un or abou;
the l5Ll i. f.. uf May 1906. the said
plaintiff at the special instance and
request of the said dcfendan,
entered into conlraci with il.
whereby he, the said plaintiff, un-
dertook aud agreed io supcrintend.
supervise and give personal atiei,-
tiuu tu the work of erection, con
Struciion and building and comple-
ton of a dam or reservoir al or
4. near ,he top of th. Blue Ridge
Mountains in Clarke County. Va,
for the storage and preservation of
water to be used i'm the supply of
water To the town of BcrryvilIe.
which said reservoir or dam was
To hc built and constructed accord
ing tn such plan or method or i'm
such manner as the said plaintiff
might in his judgment deem best.
the said town Of Berryvlle To fur
nish all of the labor, material and
necessary means for the building,
erection and construction of said
dam, except. however, there was
excepted from said contract of
supervision &c. by the plaintiff the
excavation necessary TO be done in
and about the building, erection
and construction of said dam or
reservoir, the same having been
let by contract to one, Thos. A.
Elsea by the town of Berryville,
and with which excavation the
plaintiff had nothing To do; and the
said plaintiff further says that the
said town of Berryvile argeed and
undertook to pay To him after the
rate of Five Dollars per day for
each and every day of service for
his personal work, and the fur
nishing of one or two horses,
which were To be used in and about
the work aforesaid when necessary.
And the plaintiff says that he at
once began the work so contracted
to be done by him under the said
agreement and contract and dill
gently and faithfully prosecuted
the same until the fall of 1906.
when the said Thos. a. Elsea
abandoned his contract for the eX-
cavatiOn as aforesaid, and at the
special instance and request of the
Town of Berryville, the plaintiff
says that he undertook also, as a
part of his contract, to superin-
tend, supervise and direct the ex-
cavation work SO be done as afore-
said under the contract with the
said ElSea, and such as was neces-
sary for the said dam or reservoir,
for the doing and completion of all
of said work the plaintiff says that
r the defendant town was To furnish
all material, labor and means ex-
cept the personal services of the
plaintiff and of his two horses
aforesaid.
And the plaintiff says that
after he had agreed in addition to
the work to be done under his
| original contract to supervise and
direct the work of the excavation
so be done as aforesaid of the said
e Thos. A. Elsea, he continued faith
fully and diligently the execution
of the said contract on his part
. throughout the year 1906 and the
year 1907, and was ready, willing
! and able to continue the work afore-
d said under his said contract until