The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-26
lI-L-tL1 ~. gHFNs fHttsH trLHHU aH Et-f.a ItFHS M
|C|TY ASKS RIGHT
TO FURNISH WATER
Norfolk Wins Point i'll Supreme
Court on Use Of New
Ward Streets.
CASE UP FROM RICHMOND
Mechanics Lien Dismissed.
Wife and Sister Dispute
Over Damages.
CASE UP FROM H NJ

Whether or not a provision reservGI
to lag pipe lines in its streets pre-
vents a city from exercising the pre-
rogativc of furnishing water to It's
own citizens is the point at issue in
others against the Norfolk County Wa
ter Company. An. appeal ami supersc-
IDEAS was allowed In this suit yesterday
BY the Supreme Court. and it will be
argued at the next term.
1t appears that q concern which de-
rclopcd what is known us Kensington
reserved the right over the streets as
10 the laying OF water and gas mains
and such public utilities. Later this
right was transferred TO tho Norfolk
County Water Company. q concern in
settlement has been annexed to Nor
folk. Its government being admins
tered BY the City Council, through what
is known as the Local Board OF Inn
prorement of the Seventh Ward.
Got an Injunction.
The water company asked for and
Outlined an Injunction. which has been
made permanent by the Circuit Court
OF Noriolk county. to prevent this
Local Improvement Board from aging
tile pipes and establishing fire MIGRANTS
on Thirty-sevcnth Street and from sup
plying water TO Kensington and River
view Park. BY this appeal the city
seeks to have the injunction dissolved.
II is stated in the petition that tho
water concern is unable 10 furnish the
necessa ry water. and that the mona
ious situation is created of a company
trying to prevent 4 public necessity,
which II IS itself powcrless to supply.
Settled with Alleged Wife.
IN re insing q writ OF error to Mary
Elizabeth Elliott In her suit against
the Norfolk and Portsmouth Traction
Company. the Supreme Court yesterday
practically decided that ii settlement for
manages, made with the sole heir TO
HE nStntn| H nf E tho finCndat,f 10 ,-,IIl
even when the administrators or per-
sonal representative is not II party TO
the agreement. The case came up from
the Law and Chancery Court OF the
city of Norfolk. whose Judgment
stands.
Charles Henry Skinner. d negro, was
k,i,ed ~ a S.Teet car in Norfolk. His
as administrators. Sho claims in her
petition that tic traction
got hold Of, a woman claimed by them
settled with her for $500. securing her
written release. The company also
paid the expenses Of the funeral. II
was tempt TO show thnt the wo-,
husband years before. The Jury. how
Timber Cutting Agreement.
An appeal and supersedeas was al.
lowed in the case Of the Quiglcy Fnrni-
and others. from the Circuit Court oil
Tazewell count 1t seems some stanG-
ing lumber Was sold BY Rhea and 9th.
Win thep rovisionsthat II should be cut
within six years. The Quiglcy con-
sern got possession through a receiv.
- $ Saie. inc claim was made that the
purchaser was entitled to al additional
year because of a washed-out tram
road and Il burned sawmill. The land
oMhers secured an Injunction prohibit
ing the timber owners from cutting or
removing any more timber, and the lat
Ter seeks TO he permitted to remove
What had been cut before the end OF
the timber now standing.
An appeal was refused In q Richmond
case from the Chancery Court. 1t is
} hGrl OF ~ !, Bernhard and E. J. Bern
against II. NJ. Stuart, John r. Powcrs
and others. f""ets
The petition states. that II. NJ stu
aId was building houses Nos. 25ll to
= '-I' on hensington Avenue, for which
:. u d II, L., Denoon were furnishing
me money. John 4. Powers was en-.
n.osed 70 puiid them. and he let the
tWoopr 10 X v: Powers, a s~ub-contrac-
tor. II. H. Denoon and II. w. and i. n.
lowers went TO the store of the Bern
nhrds and selected some mantels. which
me dealers say they understood were
ihey did not know II, w. Powers in
me matter. When their account was
M9l PAID. they filed q mechanics lien,
/, .N' ~ SuuiCcfS court marked sat-
istied, on the plea that r. w. powers
owed the account. III
boundary Dispute.
another timber case came from
rTnnkiln county. Wade IT. Mason was
rfhused an appeal in his suit against
oyer ~ Meneiee. b case is a dispute
bought by Mencfee from Mason.
,, : Deford Is refused a writ OF
ecLrUr rom a OF the Circuit
Iourt OF Norfolk county in his case
;tgainst the Nirginian Railway Com
ia X: re was driving along a road
IA Nofioik county, in the direction OF
and when at n railroad
Ihhpnslhs ms horse became frightened,
throwing him from his wagon. He was
nIverely injured. losing an eye. lie
Giainicd that the usual signals were not
Gi.chH or the crossing, while tile com
pnny alleged c~ontributory n~egiipencn
sdaiining that Injuries caused by the
SJInLins Oh a horse could not be a valid
,nnna me jury gave n verdict OF
S@'epo. subject, however. to a demurrer
~ INC evidence, which was sustained NV
' he court IN fD vnr ~ Ia 49,, 49,. -