The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-09-04
WRIT OF ERROR ALLOWED
IN GRADE CROSSING CASE
supreme Court Passes on Suit Of
Land Company against Atlantic
Coast Line.
BROUGHT TO RECOVER DAMAGES
'etition I'm Suit OF s. VI. Glenn vs..
Norfolk 4 Western Hallway From
haIiiaN County Is Rcfuscd-Pat-
rick Hogan Loses Also on AppeaI.

\ writ 81 crro,' WIS awarded h. tho
s"pien's Corr; ~ Appeals of virginia
-. .I"if - the plrintin corporation
~ thr sun >! the Forest View Land
COMPANY - he Atlantic co,st Iluc
railroad Company. The case comes
from tn" Circuit Court OF ,,hcsterSold
County. where judgment Mas rendered
,n favor or INC railroad company on
December > 1873
This suit ~as an action or tre.ca.r
on tho Gaze. and brought to recover
damages. Tho action grow out or Tho
widcif1nE Of tho riHhi of way FOR what
is known ns the "lfcIt Line Connections"
running around and to the west or
Richmond. and nom tho old Richmond
and Petersburg line. south OF the citv
10 the line ~ tho Richmond Fred
"rictshur9 and ratomac Railroad.
northwest OF the CITY. The hell limo
efoSsed two old pnbiic Highways.
known the BON Air Road and tho
River Road at grade
SAY GRADE CROSSING.
MAS MADE: INPOssIBLr
In carrying out improvements! the
Atlantic Coast Line lowered the grade
OF tn" Belt Line Road At and on both
sides Of its crossing Of the River Road:
ana raised til" grade OF the River Road
changing the location or the River
Road at that point and tor some dis
vance on each side, 50 as TO carry the
River Road over the railroad instead
81 crossing a. sradt. ~ before High
embellishments were raised On either
side ~ ia" crossing for some distance
The grade crossing Was made inpo.-
siblc n that point. II Sailese,l
Tho Forest Niep Land COMPANY.
owned thirty acres of land adjourning
the Atlantic Coast Line right Of vav
In. land coupauy claimed that no
motto" had h.en given il or other land
owners and that the railroad had,
therefore proceeded illegally With tho
Improvement work. Alleging that tho
value Of its land had been Diminished,
the land company brought suit.
The appeal az the petitioner in ths
suit Of : ~. Glenn rs. the Norfolk
and Western Hailwa! Company Was
refused, the judSncn, Or the Circuit
Court of Halifax County "a this cas-
being sustained. judgment was rem
dcred agains, Glenn bS the Halifax
court In January THIS action VAS
, brought TO recover damages for alleged
injury 10 land owned by Glenn on &C
count Of certain iii made BY the
railroad company. which obstructed In.
now OF tho food waters ct the Dan
River and caused the land 10 DC par,ly.-
washed away.
APPEAL. DENIED
CASE FROM GOoCHLANu
Tho appeal Of Patrick Hogan, Jr., ~.
Hove & Fox was also denied Iuds.
mont was rendered against Hogan b.
tho circuit Court or Goochland County
Aprh - Howe y Fox brought suit
against Hogan to recover 81 500 dam
ages. They are real estate agents and
claimed that commissions were due
them on an exchange Of property BIZ
tween Hogan and !. II. Peters
Hogan owned tract OF land in
Gooaliand known as "Orapox." which
contained 500 acres aud another tract
nearby containing i53 acres Peter.
was the owner Of /. tract Of land IN
culpeper known as "t!dS chill" con-
tanning 223 IL acres. Hogan, desiring
TO sell "orapoN," interested W. -.
Cnshman real estate man. in tn.
propositions. the sale price 10 be sc5. 900.
| Cushman later joined the Arm of How.
y FOX, Cushman also had In hand tn.
, farm Of Peters. in Culpeper, which aas
listed al the sale price Of $4,000 lie
endeaTored to interest Hogan in this
property with view 10 making an
exchange. Hogan finally signed con.
tract for the purchase OF it, hut .ti5u-
lated that the contract should not ne
regarded az binding unless his wife
stated was not In writing, but an
oral agreement
In the meantime Pcters agreed 10
hay" Howe & Fox dispose OF his farm
at minimum price Of $4,000. Howe
4 Fox arranged with r. T. Watkins
70 take care Of the transaction at that
price, and Peters signed the contract
10 purchase "Orapox" farm. Hogan al
l"Ses that ne was never Informed that
Peters wanted only $4,000 for his
tuipeper property lie saws he pas
| i"d 10 believe that tho exchange OF
| farms MAS on S2o.n0n bases. Mrs.
Hogan decided that she did not like
the property. and Hogan called the deal
off.
: Fetcrs brought suit against Hogan
for tho specific performance of an al
legged contract to purchase the Gull
pepper farm This suit was subsequent
~ discharged. Hogan later sold Ora
pox TO n Mr. Watkins. Howe & Fox
sued Hogan for 10 per cent OF 5000.
the value Of the Culpeper farm and
Inc jury awarded z verdict and judg-
ment for tho amount
Debt ueBrlnE Goes On.
Ihe lPnrlnR In liz ri,,ln