The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-10
COMP ANYMAYHAvE
TOPAY 100000
Chesapeake and Ohio Railway
Company Loses Suit in Court
OF Appeals.
M'KELL PLAINTIFF
MRS.
Breach OF Contract Made by
Former President ingalls,
Is Alleged.
Especial to The rimes-Dispatch.l

Cincinnati. O., January 9.-Thc Ches-
apeake and Ohio Railway Company lost
its suit to-day in the United State.
Court of Appeals in Cincinnati, in
which Mrs. Jean Nickel, Of Chilicothe.
was the plaintiff.
This suit has been contested mora
than three years in tho United States
courts, and many judges have heard
II In its different phases. Inasmuch
as the suit is for s3.000.000. claimed
by Mrs. Nickel. she said months ago
that she would fight the read until
her death. and that it must pay the
obligations she claimed ii owed her
dead husband
When the suit was started several
years ago by Thomas J. Nickel. it was
for s2,500.o0O. but the interest on this
money has grown so rapidly that 1t is
now said to be worth more than So
100000. Governor Judson Harmon. Of
Ohio, was one OF the attorneys in the
case, and he appeared here last sum-
mer is attorney for the defendant COM
pany.
Suit on Contract.
Figuring in the case is an alleged
contract between the late Thomas j.
Nickel and the officials OF the Chesa-
peake and Ohio Railway Company,
principal among whom was the then
president. NJ. f. ingalls,. In this con-
tract ingalls, is sad to have agreed TO
take all the coal that could be mined
from a tract OF 5000 acres OF West
Virginia land. The Chesapeake and
Ohio officials denied that there was
any contract. and claimed that there
was no authority whatsoever for the
making OF such n contract by Mr. In
gals
on both these points. the Court of
Appeals to-day reversed the decision
Ell the lower court and sent the case
back to that court for retral TO fix the
amount due to Mrs. Nickel
Mrs. Nickel says that this contract
vas entered into in 1896 and that it
was made by her husband and Mr.. In
gals.
The alleged contract has never been
brought into the case although Mrs
Nickel has much evidence in the way
OF correspondence between tire two men
to prove that this contract once exist
ed.
When the case was tried i'll the low
or Federal courts here. Judge John E.
Slater rendered a decision holding that
the correspondence between ingalls,
and Nickel could not he accepted as
proof of the contract between Nickel
and the road.
On this point. he ordered that the
case should be dismissed.
The suit has been pending in tho
courts here for u long time. and had
been almost forgotten until Governor
Harmon came TO Cincinnati to argue
the railroads point.
To Develop Coal Lands.
The Nickel deal was for the develop
ing ofentlrely new coal lands. Nc
Kell began the work on tho alleged
understanding and agreement with In
sails that the road would take his coal
IN a short time the Chesapeake and
Ohio refused to carry these shipments
and McKell had to throw up his en-
terprise. He brought suit against tho
road for the money he claimed was
due him. and after his death this liti-
CATION was carried on by his widow.
Judge Holt and NJ, Seasongood are
tho attorneys for Mrs. MaKeI, and
they said tonight that she would get
between 100000 and $3,250, 900 ms
the money duo her from the road.