Prince William County Virginia Clerk’s Loose Papers

Bill of Particulars – July 1903

To loss of milk by reason of having to keep up dairy cattle 15 days on account of destruction of fence by the Southern Railway Company, at $1.00 per day $15.00

To destruction of 3340 hills of corn, equal to 13 shocks, equal to eight barrels, by the Southern Railway Company at $2.00 per barrel. $16.00

To damage for corn destroyed by cattle getting into corn field by reason of cross fence being left un-connected with fence along the Southern Railway $2.50

To damage sustained by said Britton in having to furnish material and repair of said cross fence.

$39.95

Prince William County, to wit:

To J. P. Leachman, sheriff of said county. You are hereby commanded to summon Southern Railway Company a corporation chartered under the laws of the State of Virginia and doing business in said county, if he be found in your county, to appear at Manassas in said county, on the 10^th day of November 1903 at 10 o’clock A.M., before me or such other Justice of said County as may then be there to try this warrant, to answer the claim of J. H. Britton on a claim for debt due by damages to wit: for the sum of $39.95 with interest thereon from 10^th day of November 1903; and then and there make return of this warrant. Given under my hand this 27 day of October 1903

W. M. Rice J. P.

I executed the within process on the Southern Railway Company by delivering a copy of the same to T. F. Coleman at Manassas, Prince William County Virginia, on the 29^th day of October 1903, the said Coleman residing at Manassas, Prince William County, Virginia, and being an agent of the said Southern Railway Company. The president, cashier, treasurer, general superintendent or any of the directors of the said Southern Railway Company are not residents of my county.

F. C. Rorabaugh, Deputy for

J. P. Leachman, Sheriff of Prince William County
I, J. Jenkyn Davies, attorney for the Southern Railway Company, do solemnly swear that, to the warrant of J. F. Britton, against the Southern Railway Company, returnable on the 10^th day of November 1903, at Manassas, in Prince William County, before W. M. Rice, a Justice of the said County, that the said Company has a substantial defense thereto, and the said amount in controversy therein exceeding the sum of $20, do pray that the said cause be removed to the County Court of said County.

J. Jenkyn Davies

Prince William County, to wit:

Sworn to by the above J. Jenkyn Davies, before me, in my said county, this 2^nd day of November 1903. W. M. Rice

Justice of the Peace
9 December 1903

Jenkyn Davies administrator of Carl Gray vs David W. Flickwir

Washington Southern Railway Work

In the Circuit Court of Prince William County, Virginia. J Jenkyn Davies, Administrator of Carl Gray deceased, plaintiff, complains of David W. Flickwir, defendant, who has been duly summoned to answer of a plea of trespass on the case. As cause of action the plaintiff alleges as follows:

Before and at the time of the injury to the said Carl Gray, plaintiff’s intestate, hereinafter set forth, whereof he died, the Washington Southern Railway Company owned a line of railway in the said County of Prince William, and the defendant under and pursuant to a contract theretofore by him made with said company, was engaged in constructing a new road bed and track for the said Company in the said County, and the said Gray was in the employment of and serving the defendant on and in connection with the said construction work. On the day of the said injury, to-wit, the 9^th day of December, 1903, the said Gray, as directed and ordered by the defendant, was acting as a brakeman, or laborer, on the train of the defendant composed of an engine and a number of cars made and used for carrying and dumping dirt, and was assisting, or about to assist, in unloading the said cars, which were loaded with dirt, by dumping the same, the rail cars were moved by the said engine upon and over a partly completed portion of said new track and thence on to a wooden trestle or frame at Powell’s Creek, which had been built by the defendant, where the dirt was designed to be dumped from said cars to fill in the said trestle or frame. It was the duty of the defendant to use ordinary care in building the said trestle or frame so that the same should be of sufficient strength to bear and support the weight of the said train or cars and protection afforded the said Gray and to other employees of the defendant while engaged in operating the said train and unloading the said cars.

However, the defendant did not perform his said duty, but in building the said trestle or frame did so carelessly and negligently fail to provide proper and suitable sills or other foundation therefor and a proper and suitable superstruction therefor, and did so carelessly and negligently construct the said trestle or frame of such light and weak timbers and other materials and so loosely and flimsily put together, that while the said cars were on said trestle or frame as aforesaid the said frame or trestle gave way and fell to pieces under the weight of the said cars, and thereby the said Gray, who was then on the said trestle or frame engaged or about to engage, in accordance with the direction and order to him as aforesaid, in the work of unloading the said cars, by dumping the same, was precipitated from and with the said trestle or frame to the ground and was thereby bruised, mashed and wounded and of the injury so sustained died on the day and year last aforesaid. As a further cause of action the plaintiff alleges as follows:

Before and at the time of the injury to the said Carl Gray, plaintiff’s intestate, hereinafter set forth, whereof he died, the Washington Southern Railway Company owned a line of railway in the said County of Prince William, and the defendant, under and pursuant to a contract then subsisting between himself and the said Company, was engaged in constructing a new road bed and track for the said company in the said County at and near Powell’s Creek, and the said Grey was in the employment of and serving the defendant on and in connection with the said construction work. On the day of the said injury to-wit on the 9^th day of December, 1903, the said Gray, as ordered by the defendant, was acting as a brakeman and laborer on a train of the defendant composed of an engine and a number of cars made and used for carrying and dumping dirt, and was assisting or about to assist in unloading the said cars, which were moved and placed by the said engine from a partly completed portion of the said track on and upon a wooden trestle or frame which the defendant had built at Powell’s Creek and which was designed to be filled and covered by dirt dumped with and on the same from the said cars. As the defendant well knew it was dangerous to operate the said train on and over the said trestle or frame which had just been built and not subjected to any proper trial or test, and it became and was his duty to warn the said Gray who was young and inexperienced and wholly unaccustomed to said work, of the danger and peril to which he was exposed, but the defendant carelessly and negligently failed to perform the said duty and the said trestle or frame gave way and fell to pieces under the weight of said cars while the same were thereon as aforesaid and while the said Gray was on said trestle or frame engaged or about to engage in unloading the said cars as aforesaid, and the said Gray was thereby precipitated from and with the said trestle or frame to the ground and so grievously mashed and wounded that of the injury then sustained he died on the day and year last aforesaid..

Because of the premises, the plaintiff is entitled to recover damages in the sum of Ten Thousand Dollars and therefore he brings this suit.

R. W. Moore

J. B. T. Thornton

That the said Carl Gray left as his sole heirs at law, his wife, Nellie Gray and one child Russell R. Gray an infant two years of age.

That your petitioner has settled the said claim with the said Flickwer, by compromise for the sum of Fifteen hundred dollars and ask for the approval and consent of Your Honor for said settlement.

Your petitioner believes the settlement that has been made is an excellent one, as thinks it exceedingly doubtful whether he would have been able at the trial to prove that the said Flickwer was in any way responsible for the accident, or that could have been avoided.

In tender consideration whereof your petitioner prays that the said Nellie Gray and the said Russell Gray may be made parties defendant to this petition and be required to answer the same; the latter by a proper guardian ad litem to be assigned to protect his interest in this suit.

And as in duty bound your petitioner will ever pray etc.

R. W. Moore

J. B. T. Thornton

In the Circuit Court of Prince William County, Prince William County, to-wit: Second March Rules, 1905. John Mellon, complains of the Southern Railway Company, a corporation organized and existing under the laws of the State of Virginia, which has been duly summoned to answer the plaintiff for a plea of trespass on the case, and for cause of action plaintiff there-upon states as follows: Prior to and at the time of the occurrence hereinafter mentioned, the plaintiff was seized of a large and valuable farm, in the said county of Prince William , in fee simple, which was then in the possession of, occupied and cultivated by said plaintiff, and adjacent to said farm the defendant, or its predecessor, had constructed a railroad then and now owned and operated by the said defendant. And the plaintiff avers that the defendant in operating said railroad was in duty bound to exercise care and diligence against causing damage by fire to said plaintiff’s farm, lying immediately along said defendant’s right-of-way, but the defendant failed to exercise proper care and diligence in this respect, but suffered its locomotive engines running over said railroad to be carelessly and negligently constructed, managed, operated and run by its agents and employees, and that, by reason of said careless and negligent construction, management, operation and running, on or about the 13^th day of February 1904, by sparks, cinders and coals, from said engines, fire to said plaintiff’s grass land, situate in the county aforesaid, and along said defendant’s right-of-way, for a distance of half a mile or thereabouts, was caused, and by such negligence aforesaid, and failure of said defendant to extinguish the said fire on said plaintiff’s land, and the whole of about twelve acres of permanent grass land on said plaintiff’s farm, was fired as aforesaid, and being an injury to the free-hold, was wholly destroyed and thereby damage was inflicted upon the plaintiff to the amount of $120.00.

And for this also, that before and subsequent to the time of the committing of the grievances hereinbefore mentioned, the said plaintiff was lawfully seized of another portion of said large and valuable far, in fee simple, which was then in the possession of, occupied and cultivated by said plaintiff, and adjacent to said farm as aforesaid, the said defendant in the operation of said railroad, failed to exercise care and diligence against causing damage by fire to said plaintiff’s farm, and continuing its locomotive engines running over said railroad to be carelessly and negligently constructed, managed, operated and run by its agents and employees, and that, by reason of the said careless and negligent construction, operation, management and running, on or about the (blank) of March, 1904, by sparks, cinders and coals, from said engines, fire to said plaintiff’s grass lands, situate in the county aforesaid, and along the defendant’s right-of-way, was caused, and by such negligence, aforesaid, and failure of said defendant to extinguish said fire on said plaintiff’s land, and the whole of about two acres of permanent grass on said plaintiff’s farm, was fired as aforesaid, and being an injury to the free-hold, was wholly destroyed, and thereby additional damage was inflicted upon the plaintiff, to the amount of $20.00.

The defendant having been requested to pay such damages but refused, and therefore the plaintiff brings his suit.

Johnson & Lion p.q.

Bill of Particulars

Damage to twelve acres of permanent grass, destroyed by fire, on or about February 13^th 1904, @ $10,00 per acre. $120.00

Damage o two acres of permanent grass land, destroyed, by fire on or about March 1904 @ 10.00 per acre. $20.00 for a total of $140.00

To the Honorable C. E. Nicol, Judge of the Circuit Court of Prince William County, Virginia. Your petitioner, THE SOUTHERN RAILWAY COMPANY, a Corporation duly chartered and organized under the laws of the State of Virginia, its line, tracks, and rights of way, extending from Alexandria, Va. to Manassas, and thence by one route to Harrisonburg, Va., and by another route to Danville Va. and from thence into and through many of the Southern States, all of which lines are now being operated by your petitioner, respectfully represents that on account of its increasing business, new and increased facilities for handling this business with proper dispatch, must be provided. Your petitioner has found that it is absolutely necessary that a new double track should be built, constructed and equipped between Alexandria, Va., and Orange, Va. and in constructing this new track, a right of way has been required between the two points hereinbefore mentioned. The building of this double track has required and will required many new side tracks, locations for depots, and borrow-pits and dumping grounds. A great portion of the right of way for this new and important work has already been acquired, but from time to time it is apparent that other rights of way, water rights, and other rights and facilities will be needed.

In this connection your petitioner desires to acquire a fee simple title to that lot or parcel of land of which W. R. Free Jr. is believed to be the tenant of the freehold, located in the County of Prince William, near Nokesville, Virginia, and more accurately and particularly described in a plat and survey, with profile, all of which papers are filed with this petition and hereby made a part of the same.

Your petitioner avers that the said lot or parcel of land is wanted for its proper railroad purposes, and is necessary for the safety, comfort and convenience of the public, and it further alleges that it has been unable to agree upon terms of purchase with the owner or owners of said land, and being remediless, save in pursuance of an act of the General Assembly of Virginia, approved January 18^th, 1904, it prays that Your Honor will appoint five disinterested freeholders of the County of Prince William, any three or more of whom may act for the purpose of ascertaining a just compensation for such land, and awarding the damages, if any, resulting to the adjacent or other property of the owner, or to the property of any other person, beyond the peculiar benefits that will accrue to such properties respectively, from the construction and operation of your petitioner’s work.

Your petitioner alleges that it has given the notices required by the statute, hereinbefore referred to, and has caused this petition to be verified by the oath of W. W. Finley, Second Vice President.

Respectfully Submitted, SOUTHERN RAILWAY COMPANY

By H. H. Downing, Special Counsel
City of Washington

District of Columbia, To Wit:

I Pena Howe Jr., a Notary Public in and for the City of Washington, and District of Columbia, do certify that this day personally appeared before me in my District, W. W. Finley, known to me to be 2^nd Vice President of Southern Railway Company, and made oath the statements contained in the foregoing petition, made upon his own knowledge, are true, and those made upon the information of others he believes to be true. Given under my hand and official seal this 23^rd day of February 1904.

Pena Howe, Jr.

Notary Public in and for the District of Columbia
To W. R. Free Jr. and to all other persons whom it may concern. This is to give notice that the SOUTHERN RAILWAY COMPANY will move the Circuit Court of Prince William County, sitting at Manassas, Va. on the 4^th day pf April 1904, to appoint 5 disinterested freeholders, residents of the County of Prince William, for the purpose of ascertaining a just compensation for the fee simple title to a lot or parcel of land, lying in the County of Prince William, which land is more particularly described in a description hereto attached, and here by made a part of this notice; and also for the purpose of awarding damages, if any, resulting to the adjacent or other property of the owner, or the property of any other person, beyond the peculiar benefits that will accrue to such properties respectively, from the construction and operation of the Company’s works. The Southern Railway Company

By H. H. Downing, Special Counsel

Description of additional right of way wanted on land of W. R. Free Jr., Nokesville, Virginia, for house track.

P. O. B. At a point on the South line of right of way of the Virginia Midland Railway said point being S 33°03’ E. 40 ft. from a point in the center of the North bound track of said Railway 2381 ft. North of M. P. 40; thence S 56° 57’ W 218 ft. along said South line of right of way to a point; thence S 33° 03’E 40 ft. to appoint; thence N. 56° 57’ E 218 ft. to a point; thence N 33°03’ W 40 ft. to a P. O. B.

Said description covering a rectangular strip of land 218 ft. long and 40 ft. wide lying adjacent to the South line of right of way of the Virginia Midland Railway and 2163 ft. Northeastwardly from M. P. 40. containing 0.20 acre.
23 February 1904

Southern Railway Company vs

W. R. Free Jr. (5.04 Acres)

To the Honorable C. E. Nicol, Judge of the Circuit Court of Prince William County, Virginia. Your petitioner, THE SOUTHERN RAILWAY COMPANY, a Corporation duly chartered and organized under the laws of the State of Virginia, its line, tracks, and rights of way, extending from Alexandria, Va. to Manassas, and thence by one route to Harrisonburg, Va., and by another route to Danville Va. and from thence into and through many of the Southern States, all of which lines are now being operated by your petitioner, respectfully represents that on account of its increasing business, new and increased facilities for handling this business with proper dispatch, must be provided. Your petitioner has found that it is absolutely necessary that a new double track should be built, constructed and equipped between Alexandria, Va., and Orange, Va. and in constructing this new track, a right of way has been required between the two points hereinbefore mentioned. The building of this double track has required and will required many new side tracks, locations for depots, and borrow-pits and dumping grounds. A great portion of the right of way for this new and important work has already been acquired, but from time to time it is apparent that other rights of way, water rights, and other rights and facilities will be needed.

In this connection your petitioner desires to acquire a fee simple title to that lot or parcel of land of which W. R. Free Jr. is believed to be the tenant of the freehold, located in the County of Prince William, near Nokesville, Virginia, and more accurately and particularly described in a plat and survey, with profile, all of which papers are filed with this petition and hereby made a part of the same.

Your petitioner avers that the said lot or parcel of land is wanted for its proper railroad purposes, and is necessary for the safety, comfort and convenience of the public, and it further alleges that it has been unable to agree upon terms of purchase with the owner or owners of said land, and being remediless, save in pursuance of an act of the General Assembly of Virginia, approved January 18^th, 1904, it prays that Your Honor will appoint five disinterested freeholders of the County of Prince William, any three or more of whom may act for the purpose of ascertaining a just compensation for such land, and awarding the damages, if any, resulting to the adjacent or other property of the owner, or to the property of any other person, beyond the peculiar benefits that will accrue to such properties respectively, from the construction and operation of your petitioner’s work.

Your petitioner alleges that it has given the notices required by the statute, hereinbefore referred to, and has caused this petition to be verified by the oath of W. W. Finley, Second Vice President.

Respectfully Submitted, SOUTHERN RAILWAY COMPANY

By H. H. Downing, Special Counsel
City of Washington

District of Columbia, To Wit:

I Pena Howe Jr., a Notary Public in and for the City of Washington, and District of Columbia, do certify that this day personally appeared before me in my District, W. W. Finley, known to me to be 2^nd Vice President of Southern Railway Company, and made oath the statements contained in the foregoing petition, made upon his own knowledge, are true, and those made upon the information of others he believes to be true. Given under my hand and official seal this 23^rd day of February 1904.

Pena Howe, Jr.

Notary Public in and for the District of Columbia
To W. R. Free Jr. and to all other persons whom it may concern. This is to give notice that the SOUTHERN RAILWAY COMPANY will move the Circuit Court of Prince William County, sitting at Manassas, Va. on the 4^th day pf April 1904, to appoint 5 disinterested freeholders, residents of the County of Prince William, for the purpose of ascertaining a just compensation for the fee simple title to a lot or parcel of land, lying in the County of Prince William, which land is more particularly described in a description hereto attached, and here by made a part of this notice; and also for the purpose of awarding damages, if any, resulting to the adjacent or other property of the owner, or the property of any other person, beyond the peculiar benefits that will accrue to such properties respectively, from the construction and operation of the Company’s works. The Southern Railway Company

By H. H. Downing, Special Counsel

Description of additional right of way wanted on land of W. R. Free Jr., Nokesville, Virginia, for house track.

P. O. B. Beginning at a point on the North line of right of way of the Virginia Midland Railway said point being N 33°03’ W. 40 ft. from a point in the center of the North bound track of said Railway 347 ft. Southward (measured along the center of the track) from M. P. 40; thence N 56° 57’ W 2218.7 ft. along said North line of right of way to the county road; thence N 59° 01’W 11.2 ft. to a point; 140 ft measured at right angles, from said center of North-bound track thence S. 56° 57’ W 2170 ft. parallel and 140 ft. distant from said center of North-bound track to a point: thence S 33°03’ E 100 ft. to a P. O. B.

Said description covering a rectangular strip of land 100 ft. long and 40 ft. wide and averaging 2194 ft. in length, adjacent and parallel to the North line of right of way of the Virginia Midland Railway and extending 347 ft. South from M. P. 40. and Northwardly to the County road. containing 5.04 acre.