The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-05
CASE SENT BACK
follower COURT
Jury Must Pass in Suit OF
Bedford Against
Miller.
ERROR IN INSTRUCTIONS
Litigation Outgrowth OF Delay
i'll Completing Federal
Building.
.RRoR IN INSTRUCTIONS

Under an opinion handed down yes
| tcrday 10y the United states Circuit
, Ioirt oil Appeals, the suit Of y. &.
iScdiord, etc. plaintin in error. against
>. !enry Miller lncD, defendant in
error. Involving the recovery Of money
alleged 10 be due on the construction
OF Jhc local Federal Building must
20 back to the lower court for Il new
.rili The upi'or court rulod that there
had been error in certain Instructions
IT, me jury IN regard to y sct-off, and
jury for settlement
Tie defendant company was tho gen.
eral contractor on the post office build
ing. and agreed to pay the govern
mcnt :, penalty OF $50 a day for ever
days delay in the completion of the
work beyond contract time Eedford.
= similar obligation TO his principal.
lie was TO have charge OF the stone
M ths Sum Tor Of whs oo he WAS to he paid
the work was completed
Past Due 10. Days.
When the building WAS turned over
I" the government il WAS 80 DAYS past
uuc. ANA the defendant company re-
fused 10 make final settlement; with
the riaintif without oif-scttlng the
penalty for tho full time Suit for s23.-
inG.:3 VAS instituted in the Law and
Equity Court. ana the case was later
removed to the United States District
Court for trial.
In answer to the plaintiffs declara-
ton, the defendant company offered
4 set OF $4,000 for damages alleged
to have occurred 10y the late compile
tion OF approaches Ia the building; ST.
io3.lS Tor labor aud material alleged
To have been furnished, and $4,000 fo,
The $4,000 item was afterwards with
drawn. and the court gave 4 per
rmptory instruction that the jury was
TO 'ind for the defendant for the IL
puiuated damages oi 500 I; dav, provided
as a penalty. The plaintiff was ac-
c"r"ihEly given verdict OF $3,5oo. the
claimed by tho defendant company. AN
appear Was noted.
Grounds for Appeal.
Ihc principal grounds for the appeal
VAS the instruction in regard 10 the
penalty. II was shown that although
Miller had contracted with the govern
hc had presented satisfactory evidence
To secure an extension Of 80 days
ON the contract time. and therefore had
not suffered any loss by the pen
atty The upper court held that the
obligation on the part OF Bedford was
"nty = secondary consideration, and
PENDANT. and that il was 4 question for
the jury to determine In ASSESSING. the
actual damage done Miller by the de
lay OF the pla!ntin. and on this ground
tilc case WAS scut back for q rehcarine.
The United states Circuit Court Of
Appeals rcconNcned yesterday morn
/ Knapp and Woods. and District Judges
| Wnddill aud Dayton in attendance.
cases argued:
! lants, vs.. West Virginia Pittsburgh
Coal Company. appellee; appeal from
The pis,r,c, Court, At Wl,eeiins: W: Va
Sucd by John g. Palmer, lr., ana 10
serhh H. curl, Of WhGciins, w. yn. and
for the appellants. and 10y. John y. How
Cree Of Wells burg, ". Va, for The ap.
No 1917 Illinois surety t-on,ronv
riaint'i in error and cross defendant
in error, ". Faith Granite 90. Il al.
IN error cross writS OF error TO the
lnst5lSi rouIi u Columbia, 5. 9. Ar
;. q, for the plaintff In error and
ross-dcfendant in error. and hy u VI
Robinson, OF Columbia, : e., and Ben
jam!n H. Pierce. OF Augusta, Ca, for tic
defendants In error and cross plaintiffs
Ill error.
Opinion handed down:
No. l2lA. \. & Bedford, who sues for
ihc use and bcneht OF the American
National Eank. his nssguecs. plaintin
in error. ~, j. Henry Miller Inc, he.
PENDANT in error: error ia the United
states District Court for the Eastern
District OF Nirstmia at kichmond Ar
Scatou tor the plaintiff in error and
\ j." |. Lewis and liill Carter for the
d"fendant IN error. Reversed and re-
h s1'',Sa Z fisSa'e* Of Augusta Ga.
4 case IN call:
10. 1874. Paris farrell ct al, appel
| Crane. appellccs; appeal from The Dis
! iriet Court at charleston. w Va To
b. argued by Iicicher. stiles y Cioett-
/ Blake. Of Madison, w. Va, Tor the an
pellants, and hy Campbell. Brown K
Davis; OF Huntington, w Va. for the