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September 28, 1926
<br />
<br /> On motion of Nr. Oast, the
<br />authorized to execute same, and by the following vot~:
<br /> Ayes--- Brooks, Dunford, i~aupin, Mayo, Oast,
<br />
<br />contract was approved, and the proper Oity Officials were
<br />
<br /> S~wart, White,
<br />
<br /> which he had been instructed to
<br />
<br /> The City Attorney presented the-following ordinance,
<br />draft by the Council September l~th:
<br /> An Ordinance to.Amend and Re-ordai~ Section 390 of the Code of the City of Portsmouth
<br />relatir~ to Speed and Number of Ca~s of Trains Operating upon R~ilro~d Tracks on the S%ree~s
<br />of the City,
<br /> Onmotion ~£ ~fr. ~nite, the ordin~nce was pla. ced on first reading.
<br /> The following communications were read from the City Attorney:
<br /> ,portsmouth, V~., September SS, lgRC.
<br />
<br />Hon. City Council,
<br />Portsmouth,
<br />
<br />Gentlemen:-
<br /> Ther~ are two eases now ~nding agains~ ~e 9ity ar~ing 9u~. of_~n oye~f~o~w in~
<br />Ju£y 1~22 of the ditch cut by the Board of Water O~mm~ssioners mnroUgnO. L. maeweissDZsma±was awarded~m~' ~
<br />cases were tried in the .CzrCuz~ ~our o~
<br />$?300.OOjd~mages for alleged injuries lo his bulb crops, and J. E. johnson,s awarded $3000
<br />for alleged injuries to his ~orn crop. The cases were appealed and the-Court of Appeals awardeG
<br />a ne~ trial in the Weiss sase because of the plaintiff's failure to file a bill of particulars.
<br />This ease will be called for trial again at the October term which convenes next ~!onday. The
<br />Johnson case has not yet been tried in the Court of Apl~als but ~he plaintiff filed a bi±± of
<br /> W. G.
<br />oart~cul~rs in this case which was th~ grounds of reversal in_t~he ~t~er case..Mr.
<br /> zn~ Who represents the plaintiff Ln these.two oases has oxzere~ mo compromise both cases
<br />~aUPfor CyOO0. O0. I' respecti~mllY request ~hat th~s matter be referred to the Finsmce Committee
<br />and recommend thata sett±ement be m~de of the eases for the sum of CyO00. O0. This CyOO0. O0
<br />is tc settle all differences in these two suits and sash party is to stand ~he costs expended
<br />by him.
<br />
<br /> Yours very truly,
<br />
<br />R. 0. BAROLAY, 0ity Attorney."
<br />
<br /> On nmtion, of ~r.
<br />
<br />Hon. City Cotuuci!,
<br />Portsmouth, Va.
<br />
<br />the ¢omi~_ication was referred to Finance 0ommittes.
<br />
<br /> ~Po~t~Eouth,-Va.-, September 28,
<br />
<br /> I am enclosing herewith two bi£1s of costs in ~its agminst the 0ity of Portsmouth.
<br /> One bill amounting t~ $~6. S0 is ~he costs of the ~rial in ~ne Circuit Cour~ of
<br />Norfolk County in the case of ~. ~. ~eiss, Survivi~gpartner vs. City of Portsmouth. We have
<br />received a new trial in t~is case,ar~ under the sta~e ~a~ it is necessaz~y t9 ~Y this c0st~be-
<br />fore next Eonday. Hence I will advance this amomnt aha respectfully requesm mnat the czty
<br />re-imburse me for the ss~e.
<br />
<br /> The second bill is for $256.~0 mpon which $50.00 has been paid. This is the cost
<br />in the inj~tu¢lion suit against thecity institut~dby Nfs. Leonora Weiss andes ordered to-be
<br />p~tdby the City. I respectfully request that these bills be p~id.
<br />
<br />Yours very truly,
<br />
<br />R. C. BAROLAY, Oity Attorney."
<br />
<br /> On motion, the communication was referred to Finance Oommittee.
<br /> A petition was read from 01arenee E. Hedges, for Harry L. Alexander, to be refunded
<br />erroneously p~id in taxes on property in South Portsmouth, for~Tears 1~±3, l~l~, l~lS, i~16
<br />and 15i8, same having been purchased from Oota~ia C~vendy by Mattie L. Alexander, who was the
<br />wife of Harry L. Alexander.
<br /> On momlon of Mr. Stews~rt, the petition was referred to the Finance Committee and Ci~y
<br />Attorney.
<br />
<br /> A communication was read from the V, ashington Ward Citizens League calling at~ention to
<br />the matter of police protection for said Ward, and on motion of N~. White, same w~s referred
<br />to the City
<br />
<br /> On momion, adjourned.
<br />
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