The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-06-13
BURTON WINS SUIT
AGAINST RICHMOND
sTATE SUPREME COURT AFFIRMs
DECISION IN FAVOR OF
CONTRACTOR.
TRICC CREDITORS LOSE
REHEARING DENIED IN l. CASE
AGAINST THE FEDERAL Gov
ERNMENT-MANY DECISIONS
HANDED DOWN.

Hunter Burton company, the Rich
mono contractors. who sued the city
of Richmond for $4,000, the price
city, and won its case in the Circuit
court OF Richmond about two years
age is again a winner by the decision
of the State Supreme Court of APP
peals at Wytheville yesterday affirm
ing h decision of the lower court.
Burton constructed sewers on West
street for h city. the contract call
ing for a certain width of trench.
The remuneration was to be about
$4,000. The trench was wider tina
called for in the specifications and
the city refused payment on the
ground that the work was improperly
done. Burton sued for the stated
sum-. admitting hat the trench was
cut wider thar called for in the speci-
fications. but alleging hat 1t was cut
according to lines given by the in
spectors of the city engineers Office.
The Circuit court ruled in favor Of
the city. which appealed to the SUI
preme court, the latter affirming the
decision In favor of Burton yesterday.
Trigg Decree Reversed.
A second case of Richmond origin
decided by the Supreme court yester-
day vas that of the United States of
America VIZ. William K. Trigg COM
pany, from h Chancery court of
Richmond. The decree of the Chan
Gerry court was reversed.
Several years ago.. while 1t had In
course of construction two vessels for
the United States navy the Trigg COM
pany was thrown into the hands Of a
Receiver. The unconpleted vessels
were taken over by the receivers, who
denied the government possession
when demanded by the latter. The
government sought to take them owe
regardless, but was %enjoined. The
matter was settled temporarily by an
agreement whereby the receivers de-
liyered h vessels to the government,
which entered into a stipulation to pay
their value in case the courts should
decide that the vessels were not its
property. 1t was decided that the gov
eminent was not the owner and this
resulted in an effort TO hold the gov
eminent liable to the general credi-
tors of the Trigg creditors to the ex-
tent Of the value or tho vessel. Los
ing. the creditors sought a ~rehearing.
which by the decision Of the court
they are denied.
Other Decisions.
The Judgment of the Law and
Equity court of Richmond in the case
of the Southern Railway Company VS..
Rice's administrative was reversed.
The complete list of opinions hand
ed down by the Supreme court at
Wythevllle yesterday follows:
BY James Keith, president:
City of Richmond VS.. Burton. Cir
cult our of city of Richmond. At
frmed.
Murguiondo VS.. Nowland's execu-
tor, ct ais. Chancery court Of city
Of Richmond. Affirmed.
Rafferty, ct ais, VS.. Hoath ct ais.
Circuit court of Mathews county. At
firned.
Jacot Trading. etc. vs. Grossmann
Seed n Supply company. incorpor-
ated. Husting court Of city Of Peters
burg. Affirmed.
Camden VIZ. Virginia Safe Deposit
and Trust corporation. Corporation
court Of city OF Alexandria. Affirmed.
Holiday VS.. Moore. Circuit court
of Prince Edward county. Reversed.
Middle Atlantic immigration COM
pany VS.. Ardan. Circuit court of Cum
berland county. Reversed.
Phillips ct al. VS.. City Of Ports
mouth. Circuit court OF city of Ports
mouth. Reversed.
BY Judge r. II, Cardwell:
Virginia Beach Development COM
pany VS.. Commonwealth, Elk rel, Cir
cult court of city Of Norfolk. Affirm
ed.
Chesapeake and Ohio Railway
company VS.. Chapman, Circuit court
Of Orange county Affirmed.
Jordan ct al. VS.. Walker, Circuit
court Of Greenesville county. Affirmed.
Kincheloe ct ais. VS.. Gibson's exe-
cutrix. Circuit court OF Fauquier
county. Amended and affirmed.
Huff, executor, ct ais. VS.. WEIGH.
Circuit court of Rappahannock coun-
ty. Reversed.
STATIONS admr. VS.. New York Life
Insurance company. Corporation court
of city of Lynchburg. reversed.
Wardell VS.. Birdsong ct ais. Cir
cult court of Sussex county. Re-
versed.
BY Judge John A.. Buchanan:
Citizens Bank of Norfolk VS.. Nor
folk and Western Railway company.
Court OF Law and Chancery of city
of Norfolk. Judgment affirmed.
Boyd VS.. Southern Railway COM
pany, Corporation court Of city Of
Danville. Judgment affirmed.
Spriggs et ais. VS.. Jamerson. Cir
cult court OF buckingham county.
Judgment affirmed.
Southern Railway company VS..
Rice's adnx,. Law and Equity court
of city nf Richmond. Judgment re-
versed.
Lambert VS.. Barrett, Corporation
court of city of Alexandria. Judg-
ment reversed. ,
BY Judge George NJ. Harrison:
Rocker VS.. Southern Railway COM