Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-03-31
WELLS OVERRULES C|TY'S
DEMURRER IN SMITH SUIT
Judgment Entered for Extras on
Mayo Bridge Amounting to
$40, 524.O3.
CITY FILES NOTICE OF APPEAL
Old Bridge Did Not Rest on Bed
Rock, and Extra Concrete Was
Used In Construction OF New
Bridge.

| Judge Ernest II. Wells, OF Hastings
Court. Part H., handed down n verbal
opinion yesterday overruling the city's
demurrer and entering Judgment In the
sum OF s35.524.63 against tho city in
tho suit brought by !. j. Smith G. Co.
The litigation grew out OF the con-
struction Of the new Mayo Bridge.
Assistant City Attorney George
Wayne Anderson indicated the purpose
vi the city 10 appeal the case to the
virginia Supreme Court OF Appeals.
some years ago the city invited pro-
posals for the erection Of a concrete
bridge over James River. the contractor
TO furnish his own building plans. For
information blue print was furnished
prospective bidders showing what was
claimed to be the profile of the rock
bed of tho river, but it's accuracy was
not guaranteed.
After some delays the city accented
the bid Of l. !. Smith & Co. for con-
strnction of bridge on plans fur
ing Company of New York though this
was by no means the lowest bid sub
mlttcd.
OLD PIERS DID NOT
REST on SOLID ROCK
when actual construction work be-
gun 1t was found to the surprise of all
parties that the piers of the old bridge
4
pie and trash, some OF the new piers
having to be carried down many feet
below the point indicated on the blue
print as the supposed line of bed rock.
When the bridge was completed the
DuildcrS nled 4 claim for extra COM
pensation. The matter was considered
by the Council Committee on Streets.
and after consultation with tho CITY
engineer and an estimate of the prob
able amount OF concrete used I'm er
I'm bnn
committee offered n compromise paw
rnent OF about $4,000. This settlement
was rejected. and the Smith rrm
brought suit against the city for s55,-
oeo. me case was tried in the Hus-
| tings Court. Part H.. the jury bringing
| IN verdict against the city, subject TO
the opinion of the court on the demur-
rer. for S36.524.63. Judge Wells yester-
day overruled the demurrer and or
oered Judgment entered for that
CONTRACF MADE ENGINEER
! THE SOLE Arbitrator
The city based it's defense on n clause
OF the advertisement for DroposaI Ia
which specified that bidders should
make their own measurements and
soundlngs. and clause in the contra ct
specifying that the City Engineer
would be tho sole arbitrator in the
event OF amy differences between tho
city and contractor MS to the manner
! OF construction.
stress was laid on the fact that other
bidders In the competition presumab bly,
made their own soundings and bid on
n bridge going down to solid rock, and
that had the amount of extra compen-
sation claimed been added to the orIgi-
nal Smith bid II would have been far
higher than many others. and would
| have stood little chance OF acceptance
by the city Stress was also laid on
the long delay. Inconvenience and cost
TO which the city was put by the dlla-
! tory conduct OF the contractor, who
| TOOK nearly year longer than the
contract time to erect the bridge, hav-
ing again and again been given extern
sions by the city authorities without
recourse being made on his bond