Prince William County Virginia Clerk’s Loose Papers



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16 January 1903

Southern Railway Company vs Portner Brownstone Company

Condemnation Proceedings

It appearing to the Court that legal notice has been given to said Portner Brown-Stone Company of this motion, and upon the motion of the attorney for the Southern Railway Company the Court doth appoint G. G. Galleher, Wm. H. Brown, Wm. A. Buckley, S. B. Stonnell and Tyson Janney (any three of whom may act) disinterested free holders of this county, for the purpose of viewing the land of the said Portner Brown-stone Company, or so much thereof as the Southern Railway Company may want, and as is more particularly described by the paper hereto attached, and after hearing such proper evidence as either party may offer, shall ascertain and report to the Court, together with the oath required to be administered in such cases, what will be a just compensation for such land, and for the damage to the residue of the tract beyond the peculiar benefits to be derived in respect to such residue from the work to be constructed; said Commissioners shall meet upon the premises, and proceed to comply with this order on the 22nd day of January 1903

Extract Teste.

E. Nelson, Clerk
To Portner Brownstone Company, you are hereby notified, that the Southern Railway Company, a company incorporated and existing under the laws of the state of Virginia for a work of internal improvement, wants in fee simple for its proper railroad purposes, two pieces or parcels of land situated in the county of Prince William, State of Virginia, of which you are the tenant of the freehold; bounded and described as follows; to wit: According to the description hereto attached and hereby made a part of this notice.

The President and Directors of said Company cannot agree on the terms of purchase with those entitled to said land, and the said company desiring said land, above described, will, by its attorney, on the 12th day of March 1903 move the county court of Prince William County sitting at Manassas, Va., to appoint five (5) disinterested freeholders of said county, any three of whom may act, for the purpose of ascertaining a just compensation for said land.

Southern Railway Company

H. H. Downing, Counsel


Executed – 28 February 1903 by delivering to A. O. Portner a copy hereof.

J. P. Leachman

Sheriff, Prince William County

State of Virginia

Prince William County, to wit:

I, W. M. Reid, a Justice of the peace in and for the said county, do certify that H. F. Lynn, Wm. M. Wheeler, J. W. Latham, J. P. Manuel & J. C. Colvin have this day made oath before me in my County aforesaid, that they will faithfully and impartially ascertain what will be a just compensation for such of the land, of the freehold whereof Portner Brownstone Company is tenant, as is proposed to be taken by the Southern Railway Company for its purposes, and that they will truly certify the same.

Given from under my hand this 12 day of March, 1903

W. M. Rice

Justice of the Peace in and for Pr. William County

In the matter of the application of the Southern Railway Company, a Company incorporated for a work of internal improvement, for the appointment of Commissioners for the purpose of ascertaining a jut compensation to the owners of the land upon the line of improvement of said Company within Prince William county for such of the said lands as are proposed to be taken by such Company for its purposes whereof Portner Brownstone Company is tenant of the free hold, and it appearing that notice of such application has been duly given as by law is required and that the President and Directors of the said Company cannot agree on the terms of purchase with those entitled to such land, H. F. Lynn, J. W. Latham, Wm. M. Wheeler, J. C. Colvin & J. P. Manuel five disinterested freeholders, any three of whom may act, are hereby appointed Commissioners for the purpose of ascertaining a just compensation for such land, any one or more of whom attending on the land may adjourn from time to time until the business shall be finished, and it is ordered that the said Commissioners, after taking the oath prescribed by law, shall proceed to view the land proposed to be taken by the said Company for its purposes, and after viewing the same, and hearing such proper evidence as either party may offer, shall ascertain what will be a just compensation for such land, and the damage to the residue of the tract of which it is a part, beyond the peculiar benefits to be delivered in respect to such residue from the work to be constructed, and shall report their findings forthwith to this court. The said Commissioners shall meet upon the land upon 12 day of March 1903


Portner Brown Stone Company:

Beginning at a point on the North line of right of way of Southern Railway and the east side of public road and the Portner Brown Stone Company, 425 feet east of M. P. 32; thence eastwardly along said line of right of way (reference is made to description herewith) 1466 feet, measured a long center of mainline to a point in the line of the eastern boundary of the Portner Brown Stone Company; thence N. 38° 20 W. 50 feet to a point; thence westwardly 1492 feet parallel and 50 feet distant from the north line of right of way (reference is made to description herewith) to a point on the east side of public road; thence south 46° 05’ E. 56 feet to point of beginning, containing 1.7 acres. Description o North line of right of way of Southern Railway being parallel and 40 feet distant from center of main line.

Description of alignment of main line.

Station 1038 + 33, crossing of the eastern boundary of Portner Brown Stone Company’s line.

Bearing of tangent S. 53° 22’ W.

Station 1052 + 70 P. C. 1°R.

Station 1053 + 28 crossing of east side of public road
Portner Brown Stone Company:

To the Hon. W. E. Lipscomb, Judge of the County Court of Prince William County, Virginia.

Your undersigned Commissioners appointed in the matter of the Southern Railway Company, against the Portner Brownstone Company, at the January term of your Honor’s court 1903, beg leave to report that in obedience to the order of your Honor in the case herein before mentioned, George G. Galleher and W. H. Brown two of the Commissioners appointed in the order herein before referred to, met together on the land of the Portner Brownstone Company, which is proposed to be taken by the Southern Railway Company, on the 22nd day of January 1903, the day named in the order; that only two of said Commissioners were present, and that they adjourned their proceedings over until the 29th day of January 1903, and upon the day last named , all of the undersigned met upon the land of the Portner Brownstone Company, which is proposed to be taken by the Southern Railway Company, under condemnation proceedings; that after being first duly sworn according to the certificate of W. M. Rice, Justice of the Peace, which certificate is hereto attached and made a part of this report. They then viewed the land hereinbefore referred to and more specifically described according to boundaries and the blueprint hereto attached and made a part of this report, and after hearing all such proper evidence as either party desired to offer, we are of opinion & do ascertain that Eight Hundred and Fifty Dollars ($850.00) will be a just compensation for said land, and for the damage to the residue of the tract beyond the peculiar benefits to be derived in respect to such residue from the work to be constructed,

G. G. Galleher

Wm. H. Brown

W. A. Buckley

State of Virginia, Prince William County, to wit.

I, W. M. Rice a Justice of the Peace in and for the County and State aforesaid, do certify that W. H. Brown, G. G. Galleher and W. A. Buckley have this day appeared before me in person in my county and made oath that they would faithfully and impartially ascertain what will be a just compensation for such of the land of the free-hold whereof the Portner Brownstone Company, is tenant as is proposed to be taken by the southern Railway Company, for its purposes and that they will truly certify their action together with this certificate of oath to the county court of Prince William County, Virginia.

Given under my hand this 29th day of January 1903

W. M. Rice

Justice of the Peace in and for Prince William County

Defendants Instructions

The Court instructs the jury in this case that the burden is upon the plaintiff to show by preponderance of evidence that the fire which caused the injury complained of in the declaration was caused from sparks emitted by the engine of the defendants and unless they do so believe then they must find for the defendants. And the court further instructs the jury that the preponderance of evidence is not ascertained by the number of witnesses but by the credibility of the said witnesses and they are the exclusive judges of the credit to be paid to a witness. In other words they can disregard the evidence of any witness and it is their duty to do so if they do not believe him.
Portner Brown Stone Company.

You and the Southern Railway Company having failed to agree on the terms of purchase of the portion of your land proposed to be taken by the said Company for the purpose of widening its track and which piece of land hereinafter fully described.

You will please take notice that the said Southern Railway Company will apply to the County Court of Prince William County on Friday the 11th day of the January term thereof 1903 that being the 16th day of the month for the appointed of five disinterested freeholders, who, or any three or more of whom, shall constitute a board to ascertain a just compensation for the following described piece of land belonging to you and proposed to be taken by the said Company for its purposes located near Manassas, in Prince William County & bounded as follows: Beginning at a point on the north line of the right of way of Southern Railway and the east side of public road and the Portner Brown Stone Company, 425 feet east of M. P. 32; thence eastwardly along said line of right of way (reference is made to description herewith) 1466 feet, measured along center of main line to a point in the line of the eastern boundary of the Portner Brown Stone Company; thence N. 38°20’ W. 50 feet to a point; thence westwardly 1492 feet parallel and 50 feet distance from the north line of right of way( reference is made to description herewith) to a point on the east side of public road; thence S. 46° 05’E. 56 feet to point of beginning, containing 1.7 acres. Description of north line of right of way of Southern Railway being parallel and 40 feet distant from center of main line. Description of alignment of main line Station 1038 + 83, crossing of the eastern boundary of Portner Brown Stone Company’s line. Bearing of tangent S. 53°22’W. Station 1053 + 28 crossing of east side of public road. As shown by plat hereto attached as part of this notice.

Southern Railway Company of Counsel

January 5, 1903

Executed the within notice by delivering a true copy whereof to Jno H. Nelson, Secretary & Treasurer of the within named Portner Brownstone Company on the 6th day of January 1903 in the County of Prince William Virginia in which said county the said Jno H. Nelson resides and in which county the principal office of the said Portner Brownstone Company is located.

J. P. Leachman

Sheriff of Prince William County

In the County Court of Prince William County, Virginia:

In the matter of the Southern Railway Company vs Portner Brown Stone Company of this motion, and upon the motion of the Attorney for the Southern Railway Company, the Court doth appoint G. G. Galleher, Wm. H. Brown, Wm. A. Buckley, S. B. Stonnell & Tyson Janney (any three of whom may act) disinterested free-holders of the County of Prince William, State of Virginia, for the purpose of viewing the land of the said Portner Brown Stone Company, or so much thereof as the Southern Railway Company may want and as is more particular described by the paper here-to attached, and after hearing such proper evidence as either party may offer, shall ascertain and report to the court, together with the oath required to be administered in such cases, what will be a just compensation for said land, and for the damage to the residue of the tract beyond the peculiar benefits to be derived in respect to such residue from the work to be constructed. Said Commissioners shall meet upon the premises and proceed to comply with this order upon the 22 day of January 1903


2 July 1903

Washington Southern Railway Company

vs John W. Fairfax & Others

Land Condemnation

To Colonel John W. Fairfax, Henry Fairfax, Hamilton Rogers Fairfax, John Walter Fairfax Jr., Lindsay Fairfax, Elizabeth Fairfax Ayres and (blank) Ayres her husband:

Having failed to agree with you on the purchase of the land of the freehold whereof you are tenants, needed for the purposes of the Washington Southern Railway Company, a corporation existing under the laws of the State of Virginia, for the works of internal improvements, notice is hereby given to you that the said Washington Southern Railway Company will on Monday the 3rd. day of august, 1903, make application to the County Court of Prince William County, Virginia, sitting at Manassas, Virginia, to appoint five disinterested freeholders of the County of Prince William (any three or more of whom may act) to ascertain and report to the said court will be a just compensation for such land of the freehold whereof you are tenant, situated in said county, as is proposed to be taken by the Washington Southern Railway Company for its lawful purposes, and for the damage to the residue of the tract (if any) beyond the peculiar benefit to be derived with respect to such residue from the work to be constructed; the said land to be taken by the Washington Southern Railway Company being situated between Powells Creek and Neabsco Creek, and containing thirty and six hundred and seventy-three thousandths acres, more or less. This strip of land proposed to be taken is more that 100 feet in width, and the additional quantity is required because necessary for the improvement of the line and change of location thereof, for slopes, cuts, embankments, ditches, drainage, and an additional quantity of land of about four acres will be needed for the depositing of waste material. A blue print copy of the plat of said land is hereto attached. The plat being dated Dec. 3rd 1902 and made by C. W. Haines, Engineer.

The Washington Southern Railway Company

By E---------, President

J. B. T. Thornton & Leake & Carter

For the Wash. S. R.W. Co.

Legal service of the within notice is hereby acknowledged and accepted for and on behalf of each of the following named parties to wit: John W. Fairfax, Henry Fairfax, Harrison Rogers Fairfax, John Walter Fairfax Jr., Lindsay Fairfax, Elizabeth Fairfax Ayers and (blank) Ayres her husband by Mumford, Hunton, Williams & Anderson


6 July 1903

Southern Railway Company vs Manassas Industrial School

To Manassas Industrial School – You are hereby notified that the Southern Railway Company, a company incorporated and existing under the laws of the State of Virginia for a work of internal improvement, wants in fee simple for its proper railroad purposes, pieces or parcels of land situated in the County of Prince William, State of Virginia, of which you are the tenant of the free-hold, bounded and described as follows, to wit: According to the description hereto attached and hereby made a part of this notice.

The President and Directors of said Company can not agree on the terms of purchase with those entitled to the said land, and the company desiring said land above described, will, by its Attorney, on the 6th day of July, 1903, move the County Court of Prince William, sitting at Manassas, Va., to appoint five (5) disinterested free-holders of said county, any three of whom may act, for the purpose of ascertaining a just compensation for said land.

This 3rd day of June, 1903

Southern Railway Company

H. H. Downing, Counsel


I accept service of the within notice, and waive all time limit, and agree that the Company may proceed at once to construct its work upon the within described land.

Given under my hand this 12th day of June 1903

Trustees of Industrial School

Manassas, Virginia

May 23rd 1903

The Trustees of the Manassas Industrial School undersigned, agree to transfer to the Southern Railway Company, for a right-of-way, the strip of land shown on this blue print as the property of the Manassas Industrial School, and containing7 acres. Title to said land to be obtained by condemnation at the experience of the Railway Company, and we will be satisfied with One Hundred and Forty-Five dollars for said strip of land on the condition that the Railroad Company maintain a lawful fence between the lands of the Railroad Company and all the adjoining lands of the said Industrial School, and on the further condition that the Railroad Company provide culverts sufficient to prevent the accumulation of water on the land of said Industrial School.

Trustees of the Manassas Industrial School for Colored Youth

M. D. Williams - Manassas

H. H. Waring - Alexandria

W. D. Montgomery – Super. Schools

J. H. Meriwether – Negro Lawyer

J. H. Bradford, Sect.


State of Virginia:

County of Prince William, To Wit:

I, E. Nelson, a County Clerk in and for said county, do hereby certify that H. F. Lynn, J. P. Manuel, W. M. Wheeler, J. C. Colvin, and J. W. Latham have this day made oath before me in my county aforesaid, that they will faithfully and impartially ascertain what will be a just compensation for such of the land of the freehold whereof Manassas Industrial School is tenant, as is proposed to be taken by the Southern Railway Company for its purposes, and that they will truly certify the same.

Given under my hand this 6th day of July 1903

E. Nelson

In the County Court of Prince William County, Virginia in the matter of

Southern Railway Company

vs

Manassas Industrial School



It appearing to the court that legal notice has been given to said, Manassas Industrial School of this motion, and upon the motion of the attorney for the Southern Railway Company, the Court doth appoint H. F. Lynn, William M. Wheeler, J. C. Colvin, J. W. Latham, & J. P. Manuel (any three of whom may act) disinterested free-holders of the county of Prince William, State of Virginia, for the purpose of viewing the land of the said Manassas Industrial School, or so much thereof as the Southern Railway Company may want and as is more particularly described by the paper hereto attached, and after hearing such evidence as either party may offer, shall ascertain and report to the court, together with the oath required to be administered in such cases, what will be a just compensation for said land and for the damage to the residue of the tract, beyond the peculiar benefits in respect to such residue, from the work to be constructed. Said commissioners shall meet upon the premises and proceed to comply with this order upon the 6th day of July 1903
21 October 1903

Edgar H. Phillips vs The Washington Southern Railway Company

In the Circuit Court of Prince William County

Summon


The Commonwealth of Virginia: To the Sheriff of the County of Prince William , Greetings: We command you to summon The Washington Southern Railway Company to appear at the Clerk’s office of our Circuit Court of the county of Prince William, at the courthouse thereof at the Rules to be holden for said court on the 1st Monday in November next to answer Edgar H. Phillips of a plea of trespass on the case Damage $5000.00 Dollars. And have then and there this writ. Witness, Edwin Nelson, Clerk of our said court, at the courthouse, the 18th day of October 1904 and in the 129th year of the Commonwealth.

W. Nelson, Clerk

Executed the within summons on the Washington Southern Railway Company by delivering a copy of this process on the 29th day of December 1904 at Woodbridge or Occoquan Station, Prince William County, Va. to R. C. Hammill, agent of the Washington Southern Railway Company, who said R. C. Hammill resides and his place of business is located. The President, Cashier, Treasure General, Superintendent or any of the Directors of said Washington Southern Railway Company not being residents of my County.

Charles Barbee D.S.

For F. C. Rorabaugh, Sheriff of Prince William County
Edgar H. Phillips, plaintiff, complains of the Washington Southern Railway Company, a corporation duly chartered and incorporated under and by virtue of an Act of the General Assembly of Virginia, defendant, which said corporation has been duly summoned to answer the plaintiff in this case of a plea of trespass on the case, for that heretofore, to-wit: on the twenty-first day of October, 1903, and for a long time prior thereto, the said defendant corporation was and had been the owner and in possession of a certain line of single track railroad extending from the City of Alexandria, Virginia, through the Counties of Fairfax and Prince William to Quantico, in the said County of Prince William in the said State, having along its said line and over a part of its roadway, certain railroad switches, sidings and turnouts, amongst them Marumsco siding in the said County of Prince William, which said railroad siding were used by the defendant company by running their trains thereon to enable trains to pass each other when approaching from opposite directions on said single tract railroad, or as occasion should require in the movement and operation of said trains, and on said day, and during the time aforesaid had been engaged in operating said railway as a common carrier of passengers and freight by means of locomotive steam engines drawing passenger coaches and freight cars along and over the said railway.

And the plaintiff further says that on the said twenty-first day of October, 1903, and for many years prior thereto, and to the grievances hereinafter complained of, he was, and had been, in the service and employment of the said defendant, and on the day and year aforesaid he was assigned by the said defendant to perform the duties of brakeman and flagman at his post of duty on the rear of the defendant’s freight train No. 806, on the defendant’s schedule, which said train had been proceeding northwardly under the orders and directions of the said defendant, over its said railroad, and had arrived at, and entered upon, the said Marumsco siding in the said County of Prince William, by the order of the defendant, there to await the arrival and passage of other trains, drawn by said engines, and owned or controlled, managed and governed by the defendant, and under its orders and commands, amongst them passenger train, No. 31, on the defendant’s schedule, proceeding southwardly on the said single track railway, which said passenger train was ordered by the said defendant to also leave the said single track and enter upon the said siding to enable another passenger train of the said defendant, No. 66 proceeding northwardly, to have a clear track and to pass the said train, No. 31, whilst the same should be upon the siding aforesaid.



And the plaintiff says that it then and there became and was the duty of the said defendant to use reasonable care in the government and management of the said trains at the said Marumsco siding, so that no injury or harm should befall the plaintiff wilst in the faithful discharge of his said duties as brakeman on the defendant’s said train, No.806, arising from any collision of the said train wilst remaining stationery on the said siding, by being run upon, against and into by the said passenger train, No, 31, whilst the last named train, controlled and managed by the employees and servants of the defendant, and under its orders, was being conducted by said servants and entering upon the siding aforesaid.

Yet the said defendant, not regarding its duty in this behalf, did not use ordinary and reasonable care in the premises, but in this regard wholly failed and neglected. And the said plaintiff further says that the said defendant’s train, No. 806, was by the carelessness, negligence, and improper conduct of the Engineer and Conductor thereof. They then and there being officers and agents of the defendant of a higher grade of service than the plaintiff, and having the right, and charged with the duty to control and direct the general services of the plaintiff, and the immediate work in which he was then and there engaged, on the said twenty-first day of October, 1903, at the hour of 7:55 P. M., ran upon, and stationed so near to the north end of the said Marumsco siding as to obstruct the said siding and to prevent and prohibit the said passenger train, No. 31, from entering and passing southward upon said siding a sufficient distance for all the cars comprising said train to clear the main track for the passage of the said northbound passenger train, #66, having the right of way, and then and there due and expected to pass northward on the said main track, and whilst said train, No. 806 was by the carelessness and negligence of the said defendant so exposed to the danger of collision, the said passenger train, No. 31, was by the carelessness, negligence and improper conduct of the conductor and engineer thereof, servants of the defendant, engaged upon, and in charge of the said train, ran with such great and dangerous rapidity from the said main track upon the said siding as to cause a head on collision of the said trains, No. 806 and No. 31, with great force and violence, wrecking and demolishing the locomotive steam engines attached to the said trains, and wrecking and derailing a number of the freight cars composing in part the said train No. 806, and knocking and throwing the plaintiff from his post of duty on the rear end of the rear car of said last named train, with great force and violence, upon and against the said rear car, and down and upon the ground, and down and upon the steel or iron rails composing in part the defendant’s said railway, then and there and thereby carelessly and negligently injuring the said plaintiff in his back, spine, shoulder and head, by means whereof the plaintiff became and was sick, sore and disordered in body, to-wit: from thence hitherto and also thereby the said plaintiff was confined to his bed for a long space of time, to wit: ninety days, and was compelled to lay out and expend divers sums of money for the service of a physician, and for medicines in and about endeavoring to be cured, of the said wounds, bruises and injuries, and also by means of the premises and the injuries received by him as aforesaid, the said plaintiff has hitherto been prevented, and still is prevented from pursuing his usual avocation in life, or any avocation, or performing any manual work or labor, or earning the necessaries of life, and also thereby the said plaintiff has undergone great physical and mental suffering, causing him great loss of sleep and inability to take necessary repose, and also thereby permanently injuring the said plaintiff in his said spine, back and head, and permanently impairing his mental faculties to such degree as to render him easily confused and incapable of doing or performing mental labor or exercising his mental faculties to as great an extent as he was used and accustomed to before the said injuries were inflicted upon him.

Wherefore the plaintiff saith he is injured and hath sustained damage to the amount of Five Thousand ($5000) Dollars, and therefore he brings his suit.

Edmund Burke

Jas R. & H. B. Caton(?)

Attorneys for the plaintiff



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