Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-06-09
|. ]. SMITH & CO.. |. WINS ! I.
$4,000 SUIT FROM CITY
Court OF Appeals Rules Against Rich
mond in Contention Over Mayo
Bridge Contract.
OPINION BY JUDGE KEITI
Retiring President OF Supreme Bench
ut Wythevillc Sustains Verdict
Brought In by Jury in Hastings
Court, Part H.-Othcr Decisions.

In an opinion handed down by tho
supreme Court of Appeals, at wythe-
VIE yesterday. tho city Of Richmond
roses It's contention with the contract
ing firm Of l. j. Smith G. Co. over tho
construction Of the new Mayo Bridge
'nu must pay the contractors $4,000,
win interest from the date the bridge
US turned over to the city. Tho
smith firm claimed $4,000. with in
.erest Tho controversy has been
pehdihG Tor several years and was
hrst argued before a Council commit.
Zee. and later before n jury in the
hustings Court. Part III.
When the city determined to erect
bridge. 1T invited proposals. each
Didder furnishing his own designs. For
Information Of. bidders tho City Engi-
neers offlce furnished TO intending
bidders a blueprint showing location.
length and what was believed to be
the true rock bottom OF the river at
ihat point. The city has held that
this blueprint was furnished for in
formation only and was not guaran-
tced The contract was awarded 70 I.
smith Co, of this city. on plans
or tho Concrete Steel Engineering
Company.
When the old Mayo Bridge was dis
mantled. It was found, 70 the surprise
or all parties. that the piers OF the old
bridge had not been carried down to
solid rock. but In some instances
rested most insecurely on rubblc, small
stones and trash In the river bottom
inspectors. under direction of City En-
fineer Boiling. insisted that tho con-
tractors carry tho new pierre down TO
and anchor them In the solid bed
rock Of the river.
COMPROMISE or $4,000
REFUSED ~ SMITH
When the bridge was completed, ar-
ter many delays due TO high water
and other conditions the Smith Com
pany n!ed n claim for $4,000 in adj
dillon to tho contract price. After
negotiations. the city offered to pay
$4,000 for the extra concrete actually
used in carrying the piers--in some
instances savcn fect-iowcr than had
been anticipated when tho bid was
made. The compromise WAS rejected.
and after prolonged hearing. tho
jury reduced the claim OF $4,000 10
$4,000. The city secured q writ Of error.
and the case VAS argued here last fall.
The opiniO: OF the Supreme Court.
written hy Judr" Keith, anirms the
nnding OF the trial court.
IN the trial court the argument was
made before the jury that tho city had
secured an unusually we'll -built bridge.
and that tho bid had been about $50
600 lower than II should have been
the statement being mad. that the
contractors lost money on the under
taking. unless THIS claim for extras
should be allowed.
The opinions handed down Yesterday
practically complete tho work o.
Judge Keith on the Supreme bench.
Ne will not hear argument in any
further cases, and will retire on Sat
urday, TO be succeeded by Judge Fred
erick Wilmer SKINS, Of Louisa. No an
nouncement has been made by the
court. but II seems 70 be anticipated
hcre that Judge Y r. Cardwcll Will
he named as president Of the court.