The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-23
CITY NAMED IN
SUIT BY v|ETORS
German vice-consul Claims Set
ting Basin Has Injured
His Property.
c. g o. PARTY DEFENDANT
Court Asked to Have Damages
Assessed by Condemnation
Proceedings.
C. & o. PARTY DEFENDANT

Claiming that several hundred acres
of land on the south side of the James
River, in Chesterfield county, owned
by himself and wife have been dam
aged by the construction OF the city's
settling basin and the changing OF
railroad tracks on the opposite side
OF the stream, T.. ~. Victor, GERMAN
vice-consul al. his wife, Maria Luise
Victor. yesterday filed suit in tho
United States Circuit Court against
the Chesapeake and Ohio Railway
Company and the city of Richmond.
No specific damage is demanded.
The declaration sets out that by rea-
son of the curr Z being diverted the
waters Of the James are thrown upon
the plaintiffs lands In time of over
flow, and also that their water power
rights are injured. The object of the
action is to have the court order con-
demnation proceedings for the purpose
of fixing fair and just compensation
tor damages to the property.
The petitioner alleges that his
wife owns 144 acres. and that he is
possessed OF 153 1-3 acres OF land
touching the James River. Mr.. Victor
himself and wife In fee simple under
q conveyance from the crown in 1850.
Diverts River Flow.
It is alleged that the city Of Rich
mond has erected and maintains set
Ting basin on the north bank Of the
river opposite the Victor property, and
that by the placing OF dikes and other
distractions along the stream the
natural flow Of the river has been
diverted. The plaintiffs also claim
that the Chesapeake and Ohio Rail-
way Company has built Its tracks
on the north side Of the river and that
this has caused the river to over
How on he south side and thereby has
damaged til eproperty of the plaintiffs.
i. Is also alleged that the rail-
road company by the acquisition
OF canal in the purchase OF the
James River division. which draws
water at Bosher's dam. a point four
miles above the property. and delivers
IT back into the river below the We
tor property. AS result OF this
operation. 1t is averred. the water
power has been destroyed and pre-
vents its use as manufacturing site.
The court is asked to restrain the rail
road company from withdrawing tho
water In this manner
Gist OF Declaration.
The gist of the declaration follows.
Your compliments complain that the
defendants are steadily drawing more
and more water from the JAMES III seA
at Bosher's dam. four or five miles
bove your compliments property.
and delivers 1t back into the river
long distance below your complain
ants property and thereby are de-
s,royins the valuable water power
which they own. and that said water
| power SO Injured and DESTROYED IS OF
q greater value as to each tract a1oTs'
said than the sum Of $4,000
Each of said tracts is largely COM
posed OF low grounds subject to over
now. and large sums have been spent
in blasting. drawing and ditcfinE and
Improving the sad tracts. and the de-
PENDANTS are Jointly erecting and
maintaining what is known as the
settling basin Of the city Of Richmond.
upon the southern bank OF which are
located the tracks of the defendants.
the Chesapeake and Ohio Railway
Company. thereby causing all the Hood
water which should be allowed to
spread over the low grounds on
either side to go entirely upon COM
plainants property, thereby throwing