The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-03-09
lie Council then adjourned sine die.
Report of the CITY Solicitor.

Report of the City Solicitor.
From. the report of the City Solicitor, Joseph
w. Symonds, ESQ.,, it appears that at the begin
ming of tho year there were thirty-four actions
pending in which the city was directly or ind-
rectly interested as defendant. In the case of
Henry w. Hersey, Treasurer of City Port
land VS.. First National Bank, which
has been pending before the Law Court since
July, 1869, the decision of the court has been
announced during the past year, 1t was ad-
verse to the right of the city to assess to ma
tional banks tax upon the stocks in such
banks owned by non-residents in the year 1865
Most of the remaining cases have been conclud-
ed, or are still in the hands of the Law Court.
During the past year seventeen suits have
been instituted in which the city is interested.
The case of David Boydvs the city is an action
to recover back the amount of tax upon person
al property alleged to have been illegally assess
ed. The appeals, Carney Dyer, Fuller and
Turner VS.. the city, are for land damages on
Commercial street. One of these, Dyer VS.. the
city, has been settled by order of the city coun-
Gil. The others have not yet been reached for
trial. The appeal of Joshua S. Clark VS.. the
city, claims to recover damages for change of
grade upon the Eastern promenade There is
no right of appeal given by statute in such ca
SEES, and this point will be presented to the Law
Court in July for decision. The appeal of
Samuel II. Jackson relates to damages alleged
to have been caused to his property by the loca-
ton of the outfall of the High street sewer. In
the case of Charles Sager VS.. the city, an action
to recover damages caused by the alleged loca-
ton of lamp-post within the limits of Vaughan
street. a verdict of $275 was rendered against
the city, but certain points of law were reserv-
| ed upon exceptions, which may be decisive in
favor of the city,
The verdict for $3.50 in the case of Bradeen
VS.. city of Portland being less than the offer OF
settlement authorized by the Judiciary Commit.
tee and made to the plaintiff before trial, no
exception was taken and the Judgment was
satisfied. The case of Crosby vs. the city is ar
| action to recover damages alleged to have beer
received by the plaintiff by falling into a cellar
on Congress street. Verdict for plaintiff fol
$780,
At the last January term of the Sunero,
Court an Indictment was found against the city
on account of the alleged defective condition {,
Washington street. The complainants wer
| residents of Falmouth and it being difficult t.
| see in what respect the street was defective an,
some slight repairs being made the indictmen
was mol pressed The two suits, James L. Far
mer vs. the city are brought to recover the valu
of buildings on Pearl street, alleged to hav
been blown up on July 4th, 1866, by order o
the municipal officers. They are returnable
3. the March term of the Superior Court. Davl
ct. ux VS.. the city is an action to recover DANA
ges, laid at 900, for injuries received upo
Madison street, through an alleged defect
Daniel +. Emery ct. al.vs. the city is an action t
recover the sum of $941.95 for rent of land o.
Newbury and Pearl streets. The action is re
turnable at the April term of the Suprem
Court.
The action against the Portland Water Com
pany was brought to recover the amountp paid b
the city in satisfaction of the Judgment receive
by Alfred Roberts for injuries received by hir
through defect in Commercial street. TIL
only evidence introduced by the Water Compa
ny was that the parties engaged in laying tn
pipes at the time of the injury were i
the employ of the American Gas and Waite
Pipe Company of Jersey city, and not in tn
employ of the Portland Water Company. Th
case was tried at the February term of the ST
perior Court and a verdict ordered for the cit
by the presiding jnstce. That the America
Gas and Water Pipe Company Were contractor
under the Water Company sufficiently appear
in the case and that the latter is responsible
the present case for the acts of the contractor
as for their own acts cannot be doubted. 1t
thought that the questions reserved upon the
exceptions afford them no better defence in la
than in equity. H.,
The only remaining case on the docket is
bill in equity brought by the Harbor Commi
sioners to prevent the filling up the harbor {
channels and approaches thereto with mud