Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-12-10
1LXcK We. THE c1r1 OF LEW.
ISTON.

jury a. more than the plaintiff was enti
tied to, aid 4 large number seem to thnl
that he should have recovered the full
amount he sued for. It is unfortunat,
for the people Of this city that they ar,
thus called upon to pay THU, judge
Ment or any other judgement growing
out OF their insdvertance or want of care
ind vigilance, in not causing the observ
ing Of the obligations of their charter
There is 10 doubt that many of the tax.
payers Of this city are ignorant of the
full obligations the people of the city as
stunned when they assumed the duties
which the charter imposes. They all, or
seatiy al, were glad to enjoy all the priv
ileges conferred by the instrument, and
they generally have dore so up to the
fdll seasure. They sought to seps rate
themselves from the great body of the
county, and have a distinct government
over Admitted district, which they could
manage distinct from the balance of the
country. This desire was granted on
Condition that they would assume and
manage safely the interests Of the people
81 lint District, and the public generally,
within the limits Of that district. They
assumed all these aad agreed to perform
the obligations which this assumption
imposed. Among them was that of max
Ing and keeping in repair, suitable for
safe travelling, at least, all proper streets
and in default Of their SO doing, 10 case
Of accident, causing damage to person or
property, BY reason Of their neglect, they
assums to pay that damage. In this
care Of Black VA the city Of Lewiston.
hvas clearly and distinctly shown that
Black, in travelling one Of the public
streets, at about 9 o'clock in the evening
wss prscipitated into hoe near the mid
die Of ono Of the streets, to the depth Of
fourteen or fifteen feet, with two horses,
there being no light or danger signal to
warn tho plaintiff Of any danger; from
which fall be received severe, and what
he tes'ifyios physicians termed, perpet-
u.l sPidsf injuries. He sued the city
for $4,000 damages, and majority Of
the jury were for rendering thu full
amount claimed, but one was for giving
less verdict, and after further consulta
tion they finally rendered verdict for
$500. What rendered this case more
agxrasating was the fact that this hole
I'D bcen left 50 exposed for several
months without any attempt to fill it up
= planning any guards around it to pre-
tsnt accident, and within three or four
~ Of the wagon track of the main trav-
90. Eead, and these facts, as proved, were
fully known to the authorities Of the city
The case. was prosecuted by Messrs
Maxwell and Winston in an able man.
-, and - ably defended by Messrs
Rand aud Parker: But the evideuce
was such q to leave the city without any
grounds more than . technical defense.
We ars Of the opinion that as this is the
INT verdict for damages against the city
70 any largo amount. that the citizens
gaasrally will look more closely into the
obligations and liability for damages in
similar cases, and that both citizens aud
oGicsrs Of the city will hereafter BE- more
vieilant and watchful and not allow
repetition Of similar neglect. There is
No doubt that few dollars expended at
- near the time the water formed this
eeeayatioo, would have prevented the &C.
ddsnt, and saved the Injured man the in
Jury 10 received and his cause for dam
ases against the city. We heard the
evidence 10 the case, aud Although it was
attempted 70 b shown that he himself
osstributed to tho accident by his own
aegleca, but all efforts to show this by
the multitude Of witnesses sworn in the
49, ps0vsS = complete failure. In MAX
ing these attempts charges that he might
have been intoxicated were made, but it
~ made clear that he had not tasted
# Intoxicating liquor that day and that
be vas uniformly a sober man and sci.
dom partook Of any spurious liquor, aud
again the attempt was made to show that
sAsrs Was plan formed between the
pisistif and his attorney to mulct the
city II damages when there was 20 seri.
ous damage sustained, but all such at.
tempts proved abortive. The Judge, in
bis charge to the jury gave the law clear
y q applicable to the facts proven, and
70 far ~ We know, all believed in the
Of q verdict for the plain
~ bat some were disappointed in its not
being for = greater amount of damages.
We have, since writing the foregoing
been informed that notice of motion Cor a
New trial has been given, upon what