Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-12-23
VIRGINIA IS VICTORIOUS
.|A:EXPREss CLAIM CASES
Only State in Union Where Local
Scrvicc-ls Obtained Against Nom
existing Companies.
PLAINTIFFS WIN EIGHT CASES
Jury Trials in City Circuit Court
tResuits in Every Case in Dcri-
sion in Favor Of Complainant
Against Former Corporations.

Though the efforts of the state
Corporation Commission in the in
forests OF tina; part OF the public with
claims against the Adams and south
crn Express Companies, now a par:
OF the American Railway EXPRESS
Company and not doing business in
virginia at the present time adjust
'nent OF such claims through the
courts Will be accomplished. vir-
sinia is the only State in the Union
IN which service on a company's rep
resentaiiro has been gotten.
Eighty odd cases in which claim
ants got. service on y. Il Hockaday,
representative of the company. the
last time lie was in Richmond, "a; the
request OF the commission. are now In
the courts OF the State for decision.
Ncrdicts fur Plaintiffs.
As an echo Of the recent decision
OF Judge. Carter Scott. OF the city
Circuit Court. in which he directed
that nil claims against the Southern.
ADAMS and other express companies
in Virginia. should he heard in this
State. eight cases were disposed Of
yesterday in the city Circuit Court.
in all OF which vcrdicts for the plain
,.ff were returned by jury. The suits
were for damages alleged due
through dereliction OF the companies
concerned The cases were:
Richmond Hardware Compan Y
',gainst the Southern Express Com
pany, for SS1.05: Bodckcr Drug Com
Fany against Adams Express Com
pany. for S34i.in: W. u Moses K Co,
against the Southern Express Com
pany. for sl2l.50; Mrs mia Machinery
and Well Company against the
Southern Express Company. for
s1O6.5o. Virginia Machinery and Well
Company against Adams Express
Comply, for S295.sl; Ficischman.
Morris Company against the South
crnl Express Company for .2iS.Ga;
stephen Putn"X Shoe Company against
ihe Southern Express Company for
sl,2o3..5.
Settled ont of Court.
Notion in the sui; OF Nice. G. Fin |
negan against the Western rn,on
Telegraph Company was dismissed.
The case having been settled
Motion was docketcd in the case Of
the Commonwealth against Allen Il.
l'rosise and John l.. ProsiSc. Tho
plaintiff claims y!,lOll6 in con
tent!on concerning fees.
The interstate Commerce Comm,s-
sion in officially announcing Monday
the merger OF the Adams, American.
Wells-Fargo and Southern Express.
Companies into the Railway Express
Company deplored the treatment ac-
corded by the companies to ciaimant.
Of damages. and the practice OF only
accepting service for suits at their
OIL In, NA
ever. that II had no jurisdiction to
pass upon this phase Of the claims
Direct action upon this matter, |
which will benefit the shippers OF the |
state to very large extent. WAS the |
! result OF efforts of l.; Z. Goodman. |
traffic manager OF tho Chamber Of |
Commerce, and the State Corporation |
Commission. in their original request |
To the interstate Commerce Commits |
sion that the merger remain unap-
proved until such time as tbs COM
pantes accepted the service of suits
against them.
Companies Hinder Claimants
In order to prevent the shippers OF
the various States from prosecuting
their claims the c0mPsRies withdrew
their agents On October 4, when ].
II. Hockaday. agent for the Adams
and the Southern Express Companies.
came 10 Richmond. large number
OF shippers appeared before him with
damage suits c. w. Stockton, coun-
sci for the consolidated companies.
On that Same date autographed n re-
Vokai Of authority from Mr. Hook
aday as representative OF the two
companies.
Few days after this move on the
part OF the express companies, when
IL seemed that the shippers OF the
state were about To lose tho beaeft
or trial of suits in the Virginia courts.
The Corporation Comm ission found =
power Of attorney In their nles given
TO Nj. Hockaday by the companies
and making him their lawful agent
IN THIS state This authority had not
been revoked The hgh, is thus CEN
tered upon local grous's and Virginia
Is the only State In the Union in
which the shippers WAL beneht by the
damage suite being prosecuted In tho
home courts.
Although more than thirty States
Joined Virginia in the original re-
quest that the merger remain unap-
proved until the companies had made
provision for the damage claims
against them. none had fiscal aeen,
OF the companies within their terri
tory. nor any means OF forcing the
recognition OF an agent
" Must Sur In New York.
While the shippers from any State
may go to New York and prosecute
their claims IL is doubtful IL bur
small number OF suits will ever be
tired, as the expense and trouble OF
service in New York would amount
10 more than the damages involved.
- conservative estimate OF the
claims Of Virginia shippers places the
amount involved at $4,000 large
part OF which is represented in the
sc,stpls OF many Richmond concerns
in deciding upon the test case re-
,teeptly brought by several Richmond
s.ghippers against tho express com
zspApies, Judge Carter Scott, Of the
Z City Circuit Court, ordered thar the
records Of the claims which were
moved to New York sometime ago by
CIV. Stockton, and nave no, been
ayailabl for shjppers who had IN