The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-05-28
HOUSE DAMAGED
BY FALLING TREE
West Franklin Street Porches
Said to Have Been Hit
in August Last.
BOARD ASKED TO GET FACTS
MeClure's Claim for Damage to
Motor Car Still Held Up
by Committee.

Al meeting of the Council Commit
tee on Claims last night n. w. Bowt
X Son presented claim for damage
to the porches of 3O2-s04 West Frank
lin Street. belonging to Mrs. Mamie C;
Johnson and Il. G. Gum, by reason OF
the falling of n tree last August. Cit,
Engineer Boiling recalled that the tree
had fallen, and that the porches wer,
TO some extent smashed in. AS no com
plant had ever been made to the En-
| slneer's office OF the unsafe condition
OF the tree. City Attorney Pollard
thought the abuttinE owners had shown
cohtrlbutory negligence, and could not,
therefore, recover against the city
After debate, the matter was referred
TO the City Attorney and City Engi-
neer Tor further investigation.
Ask for Facts.
The claim Of Il. NJ. Mcclure. OF High
land Park, for Sass for damage to his
automobile because Of hole in the
street at Fifth and Hospital Streets.
which has been banded from one com :
nittee to another. was sent back to
the Administrative Board, with sec
ond or third request that it be investi-
gated. The board once reported that
Mr. Mcclure should look to the Sea :
board Air Line Railway for payment.
Mr.. Mcclure replied that the Seaboard
AR Line does not run within several
DOCKS OF the point indicated. The
committee thought the Administrative
Board should take the trouble to ascer-
tam the real facts as to the location
OF the accident, the condition OF the
street, and the liability OF the city. be-
1ore attempting TO report on such n
claim.
The claim OF Ashton Starke for dam
age to a building near Thirteenth and
Main Streets by reason of ALLEGED over
no" from sewer into it's basement.
extending as far back as 1905. was
passed by on the statement of city Al
torney Pollard that Mr.. Starlle has in
stituted suit and that the matter would
be adjusted in court
Claim of Moore Estate
The claim of the ]. S. Moore estate
for grading damages at Thrtieth and
s Streets was referred to Il subcomnit
tee, consisting of Messrs. Gunst, Pui-
Ter and Sullivan. The claim presents
some peculiar points, and Is being
pressed by the estate as a matter of
equity rather than because of any leral
rights.
The street in question was graded
by the County of Henrico in 1905 pre
rlous to annexation, and no arrange
ment was made with the property own
ers In regard to damages. Recently
the bank on which the house stands
mas been Shipping away. and the foun-
dations of the house are now in some
danger because of grading done seven
or eight years ago City Attorney Pol
lard stated that the County of Hen
rico was clearly liable for damages to
abutting property by reason OF the
grading of streets; that this liability
the city assumed on annexation of that
section III December. 1906. but that un-
der the statute of limitations such n
claim was barred after no effort had
been made to present or collect it for
nve years. Councilman NJ. r. Mills.
who appeared for the Moore family.
said 1t had not been the wish of Mr..
Moore to bring any suit against the
city, nor had 1t been apparent until
recently that the grading Of the street
had caused any very serious damage