The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-22
BOTH SIDES LOSE;
BOTH SIDES WIN
Grouse Suit Ends in Stand Of
Under Instructions by
Court.
JUST WHERE IT STARTED
But City Is Not Required to Pay
10 Per Cent. Claim or for
Base OF Old Flun1e.

Under the instructions OF Judge
Waddill the suit OF the CITY of Rich
rnond against the Grouse Constrnc-
ton Company of Perth Amboy, NJ
j., with certain counter litigatidns,
came to a sudden end yesterday in
the United states Circuit Court. the
practical result to each side being
a stand off The city retains the 10
per cent. of the contract price re-
served, and has the use of the cxcaSa-
tions and base built by the Grouse
Company for the first flume. The
bondsmen of the Grouse Company are
released and The company will not
have TO refund to the city any part
of the money paid out for the first
Inflated tube. Apparently, both par
ties to the litigation are satisfied with
the ruling OF Judge Waddill as
neither has entered any exception.
AS the situation stands, the city of
Richmond has on hand about $4,000
in cash reserved on the payments for
the fiume. II also has the excavation
and base on which the new tlume were
built variously estimated to be worth
from $4,000 TO $4,000 1t has paid to
the Grouse Company $4,000 for the
first flume and to the Piedmont con-
struction Company, $4,000 for recon
making the present serviccabls and
we'll constructed tube stand the city
a total cost to date of 100000. The
work has heen estimated by Barry
Co, Winston & Co. and otter controc.
.ors to have a present value of from
$4,000 tc $4,000, 1t appears therefore
that the city has actually lost from
$1,000 TO $4,000.
Contractors Lost Money.
On the other hand, there was evil
dence in court 70 show that the Grouse
Company paid out $4,000 in the con-
struction OF the fume which failed
making loss to the company on the
contract of approximately $4,000.
The weak point in the Grouse Com
pany's claim against the city was that
it failed TO deliver a Water-tight and
workmanlike job to the satisfaction OF
the superintendent of the department
The weak point of the city's was that
during the construction the city's rep
resentative on the job allowed the re-
enforcement 10 be cut, and made no
protest at the manner of work thai
The Water Committee of the City
Council tacitly accepted the work from
month 10 month without applying any
tests Whatever paying for each part
of the fume without protes as the
bills were presented. and wit nut any
claim for defective work udtil the
whole job was finished, and all had
been paid save the 10 per cent. re-
serve.
In view of the evidence. Judge Wad-
dill instructed the jury TO find for the
defendant in the suit OF the city
against the Grouse Company, and Il
find for the city without formal plea
on the set off of the Grouse Company
Each party pays It's own costs Judge
Waddill expressed the view that il ap-
pears from the evidence adduced IN
court that the city now has salts
factory and suitable 1ume, and under
all the circumstances should be salts
fled.
The Courts Instructions.
The courts instructions to the jury
We're as follows;
ct appears from the evidence in
this case that some four years ago
the parties to this cause undertook
to construct reinforced concrete
fume about one mile in length, partly
in the James River and partly along
the margin thereof.
at further appears that at that time
scientific knowledge obtainable with
reference to such layork vas COMPARE
lively meagre, land. that great adj
vances have since been made in such
1T further appears that the difficult
ties which would attend the doing OF
this work were ENORMOUS, and that
they were not known, and could not,
by reasonable diligence, have been
known beforehand by either of the
parties to this controversy.
Now that those difficulties have
been demonstrated by actual expert
ence, it appears that a mutual mistake
was made by these parties, They un-
dertook to accomplish this great work
for very less cost than was possible,
especially under the abnormal condi-
tons of high water in the river, and
bad weather (which prevailed to an
unusual extent during the period that
the work was being executed
Each Side Lost Money.
The result OF this honest and un-
avoidable mistake made by both sides
the abnormal food conditions etc. and
the honest effort made by both parties
70 live UP TO their respective agree
ments, is that each party hereto has
lost some mony. The Grouse Con-
struction Company has, it seems Ia
me, lost more than the city of Rich.
mond. think the ends of Justice will
be obtained if the parties hereto arc