Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1880-12-01
John Hey,ndn Ig 'inst the City
of Wdte1fO1Cn.

In this suit the Circuit Judge made an
order that M. Cunningham should show
cause on the 9th of Nov at the court
house in the city of GAINESVILLE, why he
should not be punished for his refusal to
return the summons and complaint served
on the city, by delivering copy of same
to city clerk and to the chairman of the
Board of Street Commissioners.
On the hearing before the Circuit Court
on Saturday last at the place named, Har-
low Pease, Mr.. Heyman's attorney
contended that there being no Mayor,
under the amendments of our Charter,
the chairman of the Board of Street Com
missioners stood in his place and that the
service on him was good, and that Mr..
Cunningham should be punished for his
refusal, and compelled to make return of
the service of the papers, so that the city
would have to defend the suit ID. Hall,
counsel for Mr.. Cunningham, in
sisted that the law infexibly required the
service to be made on the mayor and
that the service on the chairman Of the
Board of Street Commissioners whether
we had mayor or not was null and void
and that for the officer to return the pa
pers served in this case would be false
return
The court decided in favor of Gun
ningham, and held the service
illegal, that it must be made on
the mayor and that a service on
the chairman of the Board of Street Com
missioners was at all times void and that
it was wholly immaterial whether we had
any mayor or not THAT the law requir-
ed the service to be made on the mayor,
and the court could not change the law
The court also held that even if the
service had been made upon the mayor.
Mr.. Heyman could not take this proceed
ing against Mr.. Cunningham, the deputy
sheriff, that it was proceeding that can
be maintained against the sheriff only,
but that in this case it could be main
tanned neither against the sheriff nor his
deputy.
1t will be recollected that a sudden
washout caused by a heavy rain early in
June last made hole in the street near
the St. Paul Depot, into which Mr.. Hey
man drove and was hurt, in the night,
before the street could be repaired.
After the last meeting of the Board of
Street Commissioners in July last, his at
torney filed his claim for damages with
the city clerk, and at the next meeting,
and before there had been any fair oppor-
tunity to consider the claim, and in fact
before majority of the Board knew that
any such claim had been made. he under
took to sue the city by having the sum-
mons and complaint served on city clerk
and said chairman.
AS soon as the Board had opportunity
to consider his claim, it appointed COM
mittee to investigate the matter. That
Committee sought to make a careful in
vestigation with view to fair amicable
settlement, and among other things took
the statements and testimony of Mr..
Heyman's physicians whom he consulted
as to his injuries. The committee and
the whole Board came to the conclusion
that 800 would be ample compensation
for Mr.. Heyman's injuries and rendered
him that sum in payment which he re-
fused, and pressed his suit against the
city and Mr.. Cunningham at GAINESVILLE
on Saturday last with the result above
stated, the court holding that Mr.. Cum
ningham had done his duty and that Mr..
Heyman had mistaken the law.
Lieut.. D. A. Dorsey, of Rome, has
prepared lecture entitled "The Story
of the Engine Thieves" The story will
be descriptive of that thrilling adventure
during the late war, in which Lieut..
Dorsey and party of men numbering 81,
made a raid into the confederacy for the
purpose of destroying the road and
bridges on the Georgia State Railroad.
The lecture will soon be delivered in Fort
Atkinson.