The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-06-21
MUST STAND FOR DAMAGE,
hOCTH CAROLINA WESTERN
RAILWAY SIGNS AGREE
MENr TO PAY FOR IN
Jury TO SEWER.
Agreement IL Precedent Which Means
Much to This and Other Cities IL
it Is Held to--Railway Complies
with Terms Laid Down by City
Manager After Considerable Delay.

Manager After Considerable Delay.
That an error OF judgment on tho
part Of agent OF the city was no rea-
son for lessening the franchise hold
cr's liability" was one of the terms of
the contract between the city and the
South Carolina Western Railway
which the railroad had to agree to be-
fore they could bulle their track
across Green Street and complete
their connection with the Atlantic
Coast Line. After a delay of several
weeks the railroad finally signed the
agreement and the connection was
completed the last part of last week.
The special agreement between the
city and the South Carolina Western
Railway. Is of interest as establish
ing something OF q precedent, while
mt the same time sisnalizing the city's
victory on a point of policy insisted
on by the City Manager as one of his
hrst official acts. The issue was:
Should IL be Enthusiastically set forth
that railroad Is responsible for any
damage that might be done to sewer
by either the building or operation of
"a track. even though the plans and
the track work be approved by the
cityI The city won out.
The South Carolina Western, bon
used to build into Sumter, is requir-
ed by State law to make physical con-
nection with the Atlantic Coast Line.
To do so. II was necessary to cross an
important sewer. The City Manager.
former railroad engineer, held that
the road was, or should be, respon-
sioie for any damage to the sewer
caused by the building or use of the
track even though he approved the
construction plans and the steps to
safeguard the sewer. The city, at the
managers initiative, required that
sISh he unmistakably expressed in
q special agreement. The railroad
representatives admitted by word of
mouth that the City Manager was
correct but held that the proposed
agreement was "supereuous and un-
necessary The City Manager held
the agreement was a necessity, in or
der to preclude possibility of legal ac-
ton to enforce the city's position at
some future date. He stood pat" on
the proposition that a possible engi-
neering error by an agent of the city.
concurred In by franchise holder.
ought not. under any conditions TO
lessen the franchise holders liability
Tor any damage to public property az
result OF the use OF a franchise. A
deadlock OF some weeks resulted. and
the State commission took up the
matter for preliminary inquiry. after
which the railroad acceded to the
city's requirements and signed n spe-
cisi agreement embodying the city
managers contention In plain ev-
eryday English"
The terms OF the agreement are:
L. That the South Carolina Wes-
tern Railway shall I'm the course of the
construction OF said track replace
that portion OF the present sewer now
constructed of terra Gotta pipe. with
cast iron pipe. in accordance with the
agreement between the parties. I'm ref
erence to same. which agreement Is
iuliy understood by both parties here.
10.
e. That the South Carolina wes-
tern Railway hereby agrees and binds
itself. and It's Successors and assigns
ut all times hereafter, and 40 long
M It's track crosses Green Street
across the sewer line through Green
street of the City Of Sumter. TO in
demnify the City OF Sumter apains,
any damage To said sewer. which
may be caused by reason OF the con-
struction Of .ne said railroad track
or Its maintenance, or the operation
OF said railroad. or the moving of
locomotives over and upon said tracks.
.. That the South Carolina Wes-
tern Railway Is not bound to maintain
the said sewer line. or any part
thereof. but mrcly To replace or re.
pair. forthwith and promptly. any
damage which may be caused IN said
sewer through Green Street. by the
construction OF said railroad track.
or the operation or moving OF trains.
or cars or locomotives. over or across
the same
v This agreement shall not effect
inc right of the city OF Sumter to use
"reen street as II may see nj. at all