Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1893-05-04
SUITS AGAINST ACITY
PEOPLE WHO co TO LAW FOR DAM
AGES RECEIVED FROM FALLS.

| AGES hESElNED FhOm FALLS.
The City of New York Defends Hundreds
of These Personal Claims Every Year.
Few of Them Are Successful and Then
Only For Small sums.
The city appears in the courts at least
twice 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 single
assistant. Since that time the special
knowledge in the corporation counsefs
Office has been considerable and increas-
ing, so that the Office has a minute ac-
quaintance with the methods of those
lawyers that bring damage suits against
the city.
One result of specializing the work of
the corporation counsel's Office has been
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 S23, 200. There
have been many hundred suits brought
in that time, and the aggregate of dam
ages claimed has reached $1,000, 600.
Only small percentage of these suits
are successful, and in few or none do the
plaintiffs recover the amount claimed
The city yhts nearly every case that is
brought aud seldom compromises suit
unless the justice of the plaintiffs case is
of the plainest 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. Il is believed
in the corporation counsel's Office that
| there has not yet developed a class of
lawyers who make a speciality of such
suits against the city, though such spe-
cialization is 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:
1--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 in our power
to aid you in recovering damages from
the responsible parties for the wrong you
have undoubtedly suffered"
The signature is that of 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 recent case 80 or 40 agents of ac-
cident lawyers applied to see patient
at 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 it, and that many cases are
brought with full knowledge on the part
of claimant and counsel that the claim
is groundless. The counsel in many in
stances discontinued the cases when
claimants are unable or unwilling to ad-
vance money to meet preliminary ex
penses. Nearly all such cases are under
taken upon contingent fees, and the
share of tie lawyer is commonly half of
the amount recovered.
Many cases arise every winter from
injuries received by persons who fall
upon icy pavements. The Brooklyn
bridge was long the fruitful source of
damage suits against the two cities, until
the legislature passed last year law
making the bridge trustees responsible
for such damages. The most conspicu-
GUS case of late years was that of Mar
gharita Melneke, who asked $50, 900 dam
ages for injuries received on the bridge.
She received verdict for the full
amount, but on appeal this verdict was
reversed. One Page received a verdict
of S12, 900 for injuries in an accident to
bridge train. This was cut down to
$4,000 on appeal, and the city finally
paid him something less.
A common ground of action is acci-
dents caused by inequality in the flag
ging or pavements. The climate of New
York makes such inequalities unavoid-
able, and the city solicitors Office conf
IDENTIFY expects considerable number of
such suits every year. Many other cases
grow out of broken pavements and cross
walks. 1t is not unusual for suits to be
instituted by persons who slip upon ba-
mana peels and the like. The effort of
the counsel in such cases is to prove that
the pavement at the scene of the acci-
dent was defective. The corporation
Hcounsers Office, however, usually man
eyes to find some one who was present
at the scene of the accident and is able
to show that there was no defect in the
pavement. The Office keeps a watch up
on such accidents as are likely to result
in damage suits, and as soon as suit is
begun the office sends out an agent to
look up the facts in the case and especial
ly to examine the scene of the accident.
The assistant who is to represent the
corporation counsel at the trial usually
visits the scene of the accident and
makes himself thoroughly acquainted
with the conditions then prevailing
New York Sun.
Freedom of Opinion Costs Friends