The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-05-22
SUITS AGAINST CITY
PEOPLE WHO co TO LAW FOR DAM
AGES RECEIVED FROM FALLS.

lhe city appears III b courts at least
twice a week as defendant in damage
suits brought by its citizens. Time was
when the city paid out in such damages
many thousands annually. The corpo.
ration counsel systematized the work of
the Office a few years ago and placed
such damage suits in the care of a single
assistant. Since that time the special
knowledge in the corporation counsel's
Office has been considerable and increas.
ing, SO that the Office has a minute &C.
quaintance with the methods of those
lawyers that bring damage suits against
the city.
One result of specializing the work OF
the corporation counsels Office has been
a marked decrease in the annual judg-
ments against the city as the outcome of
suits for damages. The whole amount OF
damages paid by the city in the past four
years has been less than $4,000. There
have been many hundred suits brought
in that time. and the aggregate of dam
ages claimed has reached $4,000, 900.
Only a small percentage of these suits
are successful, and in few or none do the
plaintiffs recover the amount claimed.
The city fights nearly every case that is
brought and seldom compromises 4 suit
unless tho justiceof the plaintiff case is
Of the Ilainest character.
There are many lawyers who make it
their business to seek out persons who
meet with accidents and urge them TO
bring suits for damages. 1t is believed
IN t1,a t.C., ,1-,,zaJsc ,GsnD 4l,.%
there has not yet developed IA class of
lawyers who make a specially Of such
suits against the city, though such spe-
cialization is a tendency of the present
time. When an accident of sufficient
importance to get into the newspapers
occurs, the victim or victims received
almost Immediately communications
somewhat in this fashion:
we have learned Of the painful and
serious accident that befell you yester-
day, and we write to assure you of our
sympathy in your affection and to say
that We are ready to do all i'll our power
to aid you in recovering damages from
the responsible parties for the wrong you
have undoubtedly suffered"
The signature is that OF a lawyer or a
firm of lawyers making a speciality of
accident cases. Surprisingly respectable
names are attached to such letters, and
in many instances the victim of the acci-
dent seeks the advice of some one of the
lawyers that send such communications.
By way of making all things sure, some
lawyers have in their pay nurses and
other attendants in hospitals to which
persons suffering from the results of ac-
cidents are usually taken.
In a recent case 80 or 40 agents of ac-
cident lawyers applied to see a patient
at a hospital on the day following his
mishap. Many hundreds of such suits
are brought against the city every year,
and perhaps half of those instituted come
TO trial. The city seldom loses on first
trial, and when it does usually appeals
the case. The office of the corporation
counsel is extremely skeptical as to the
justice Of such claims. and there is a
strong suspicion that litigation of the
kind is melted by lawyers who hope TO
profit by 1t, and that many cases are
brought with full knowledge on the part
claimant and counsel that the claim
is sroundless. The counsel in many in
discontinued the cases VIXEN
claimants ale unable or unwilling TO adj
vance money to meet preliminary cx-
penses. Nearly all such cases are under
upon contingent fees. and the
share Of the lawyer is commonly half Of
the amount recovered.
Many cases arise every winter from
received by persons who fall
lpon icy ~payelnents. The BROOKLYN
was long the fruitful source Of
damage suits against the two cities. unit!
he legislature passed last year o law
making the bridge trustees responsible
or such damages. The most conspicu-
Jus case of late years was that of Mar
Melneke, who asked $50. 900 dam
'ges for injuries received on the bridge.
'he received a verdict for the full
mount, bur On appeal this verdict was
One Page received a verdict
s12, 1000 for injuries in an accident to a
ridge train. This was cut down to
10000 On appeal, and the city finally
aid him something less.
A common ground of action is acct
ents caused by inequality in the flag
ing or pavements. The climate of New
'ork makes such inequalities unavoid-
BILE, and the city solicitors office conf
emily expects a considerable number of
UGH suits every year. Many other cases
row out of broken pavements and cross
1t is not unusual for suits to be
,stituted by persons who slip upon ba-
ana peels and the like. The effort of
counsel in such cases is to prove that
pavement at the scene of the acct
ent was defective. The corporation
ounsel's Office, however. usually man
ges to find some one who was present
t the scene of the accident and is able
, show that there was no defect in the
avement. The Office keeps a watch up
q such accidents as are likely to result
damage srits, and as soon as a suit is
egun the office sends out an agent to