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Angust 27, 1929
<br />
<br />At a regmlar meeting of the City Council August 2?th there were present:
<br />
<br /> Messrs-- Vernon Brooks, E.-W. Maupin,~ Jr., Arthur ~ayo,~
<br /> J. Alden Oast, J. R. Stewart, Archibald ogg, 6.
<br /> Also the City Manager.
<br />
<br />Vice-President J. R. Stewart in the Chair.
<br />
<br />The minutesof the regu!.ar meeting-August 13th were read and were approved.
<br />
<br /> The following communications were read from the City Manager:
<br /> 1st. "Attached you will
<br />find a letter from Mr; W. H. Dashiell Superintendent of City Park and Cemeteries, requesting
<br />that the City re-i~burse him to theamount of $75.00 attorney's fee which was paldb~hiTM
<br />on account of a suit brought against'him in October, 1928. The verdict was rendered infarct
<br />sf Mr. Dashiell, who was in line of duty .at the time of the accident. Workmenwere~renewing
<br />~he street car.tracks on King St. in the 0ounty, and dirt had been piled up on the concrete
<br />pavement. On the morning of the" accident, the cemetery force was digging a grave~n Olive
<br />Branch Cemetery and struck a spring. As there was no telephone in the Park at the time,
<br />Dashiell was obligedto drive to the City and consult with members of the deceased,s family
<br />about selecting a new grave.
<br />
<br /> It appears .that the accident was unavoidable. Mr~ Barclay and ! have been over the whole
<br />matter and we thought it best to leave the City out of it for the time being ~d h~ve Mr. Das~
<br />lells defend the suit. Both Dr. Roper and I feel that the City should re-imburse Mr.~ Dashiell
<br />for the amount paid to his attorney. Dr. Roper's recommendation in this connection is also
<br />attached.#
<br />
<br />Mr. Frank C. Hanrahan,
<br />Oity Manager,
<br />Portsmouth, Va.
<br />
<br />"August 26, 1929.
<br />
<br />Dear Bit:
<br /> Herewith attached please ~find a letter from Mr.'W, H. Dashiell, Supt. of Pa~k
<br />and Oemeteries, relative to the accident and suit in which he became involved last year.
<br />
<br /> X think the facts as stated in this letter are essentially correct and it was
<br />Sy uuderstanding that although the suit was.entered against Mr. Dashiell, the Oity was to de-
<br />fend him in. this instance.
<br />
<br /> It appears that the City Attorney did not appear as counsel and Csqot. J. ~,
<br />Happer serVed in his stead. Captain Nappe= rendered a bill of seventy five dollars ($75.00)
<br />for legal services which was paid by Mr. Dashiell. In view of the fact that Mr. Dashielt
<br />was driving a city car and was on city business a~ the time of the accident, I think that
<br />he should be reimbursed for the amount of the bill rendered. I would therefore recommend to
<br />you that this bill be mpaid.
<br />
<br /> Very respectfully,
<br />
<br />(Signed)
<br />
<br />L. J. Hoper, M~D.,
<br />Director of Public Welfare."
<br />
<br />Frank C. Hanrahan,
<br />Thrur Director of Public ~elfare,
<br />Portsmouth, Va.
<br />
<br />"Portsmouth, Va.,
<br />
<br />August 26, 1929.
<br />
<br />Dear Sir:~
<br /> ~n October, t~2~, a suit was ~ought against ~e in'the Court of Hustings by
<br />Petty Bennett to recover $2,000.00 damages for injuries which Bennett clai~, he receiVed h
<br />when an automobile which"I was driving for the City ran off the pavement on Xing St. in
<br />Nesthaven, and struck B~innett. At the time of the accident ~he workmen were renewing the
<br />street car'tracks on King St. and had the center of the street dug out anddix~ thrown up
<br />on the concrete pavement. On th~ morning of the accident we were digging a grave in Olive
<br />Branch 0emetery and struck a spring, and there being no telephone at the City ParE~ I was
<br />~bliged to drive to the city and consult the members of the deceased's family about me!ect-
<br />lng a new grave. As I was driving along King St. the wheels of the automobile struck ~ hard
<br />substance and caused the car tO swerve into the middle of the street whsre them men werel work-
<br />lng and struck Bennett. Bennett later brought suit against: me and I cons~ulted the Director
<br />of Public Health and the City Manager, and it was thought at that time it was bette~ ho~ to
<br />bring the .City into the suit and that I would have better chances by defending~ the suit alone.
<br />I according employed an attorney and won the suit, and I respectfully rec~uest ~hat yom refund
<br />to me the sum of Seventy-five Dollars which I paid the attorney to defend the suit. At, the
<br />time of the accident I was driving a City automobile and was on Oity's business.
<br />
<br /> Yours very truly,
<br />
<br /> (Signed) W.H. Dashiell,
<br /> Supt. of Park & Cemeteries."
<br />
<br /> On motion of Mm. Oast,_~he ~egommen~a~ion of the Manager was concu~wed in, aud a special
<br />appropriation of $?5.00 was aA~owea mo re-xmourse Mr. D~ashieli for the attorney's fee paid
<br />by him; and by the following vote: - ' .....
<br />
<br />Ayes-- Brooks, Maupin, Mayo, Oast, Sttwart, Ogg, 6.
<br />
<br />
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