Minutes 06/24/1924 - Laserfiche WebLink

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June 24, 1924 "June 24, t9~. Honorable Oity Mouncil, Ports~iouth, Virginia, Gentiemen~ A jud~nent h~s been rendered ~gainst the City for Five Hundred ($500,00) ~ell~rs in the suit of Dora Thomas against the City of Portsmouth tried in the Circuit Court of this City. Dora Thews was injured by stepping in ~n open water meter box on the sidewalk on King street near Richmond Avenue. The case w~s tried before a jury and the Judge overruled the motion of the City to set aside the verdict. The Cityu~ill probably have mn even chance on appeal with the necessity of a new trial if the Supreme Court decides in our ~favor. If an Bppea! is directed the proper officers should be directed to sign the a~Deal bond. If an appeal is not directed sm appropriation will have to be Jade to pay the judo~ent." ~ours very truly, R. C. BARCiJf_, CITY ATTOP~MEY." The following communication was also read from the City Attorney: "June 24, 192~. Honorable Oity Council, PortsF~uth, ~rg~nza. ~ntlamen: I am inclosing two bills from the Clerk of the Supreme Court of Appeals, to cover costs of presenting the record in the t~c appeal cases from the State Corporation Cermn%sSi0n instituted by the Virginia P~ilv~y & Power Company to be relieved of its paving bbli~tions and to abandon the Cotuuty Street Line~ The bill in tD~ paving case is ~UO0,00 and that in the County Street line case is It is necessary t~_d?~t ~these bills be paid within a certaLu prescribed time and the smme will have to be paid before another meeting ~of the City Council. I, therefore, request that a mpeciml a~L]propriation be ma~e at this meeting as $~ e~ergency to I>~y the sa~e. Yours very truly, R. C. BARCLAY, CtT~Y ATTOPS~r~f." $505. i · On motion of Mr. Brooks, a special ~ppropriation of $505~00 was allowed to p~y these spec~ bills, and by the foilowir,~ vote: Ayes-- Brooks, Hutchins~ Smith~ Stews~rt (J.R.), Ste~.~rt (R.E.Bo), V~ite, 6. On motion of ~ir. Brooks, the following communication from the City ~t$orney ~ras ordered to be recorded: "June 24, 1924, ~onorable City ~o~ucit, Portsmouth, V~i~rginia, Gentlemen: At a hearing before the Stmte Corporation Commission on last Thursday, J~ne 19th, on the application of the Virginia~il~ay & Power Company tc =bandon the Navy Ymrdand~p~rk Flew and Cemetery ~ines and t~ suspend a part of Port Norfolk-Pi~mers Point ~ine, the CommiSsion allowed the abandonment of the Navy Yard Line, anR peEnitted the suspension of the Park View ~ud Cemetery Line and the Port Norfolk -Pinners Point ~ine north o~IL~tford'Street from July i to September 1Bth at which time the Conmissien will hear additional test~onypending its final order.- ~ There were two proceedings before the ornmmss~on~ the I~rst ai~ectzng oho Nawy Yard Dine in wlzich a finml order was entered. If an appeal~ is to be ~E~ from this Order it will be necessary to apply for the appeal within six months from~e entry ~f this orde~ ThE order' requires the Company to remove its tracks and restore the pavement ~n Lincoln Stree~ from~ First to Fourth Streets within forty d~ys after abs~ndonment. In the other proceeding affecting the abandonment of the Park View and Cemete_~y Dine and the susoension of the Port Norfolk-Pinners~ Pein% Idne, Rfr. s, Heth Tylem mppearing on behalf of the-objectors made a motion for a continuance of the hemrinE~~ Mr. Yilliams re- presenting the Virginim P~ilwmy and~Power Company aPlo~osed the c~tinumnoe on the ground that his Compmnywould lose considerable ~ney during the delay~. The Conmnisslon slated they~ would reserve their decision on the motion for continuance until after thEy'hemrd the Compsauy,s evidenbe, After the Company's evidence h~dbeEn given~Mr~ Tyler requested thgt the evidence oF Captain Edwin Richardson, representing the New York, Philadelphia and N0rfolkRgilroaR be tmken i~ order to ~void anothe~ trip t~ Richmond on his part~ This wms done, the Commission then'retLredgnd after a shor~ consultation retuz~edand annot~-~ced they would~dmtinue the k~arlnguntil the l~th of Beptem~er and during the meantime service on the li~es Would'b~e sus- pamded mfter ~uly !st~ ~s this is not a final order an appem! wo'~ld~be unavailing as we could not get a hearing before~No~eanber, ~hich is afte~ the date of continumnce by the Commission. An appeal could be taken, however, after the final hearing. Respectfully submitted~ RRC. BARCJI~Y, City Attorney." rooks moved that the session be continued for fifteen ~ 11 o'clock hmving a~rrived, ~. B ~ t ~ina~e~. The motion wms adopted+