Waterbury evening Democrat., 1895-07-31
CITY NOT LIABLE 5

Attorney Burpee's Opinion i'm R gard to Claims on Account Of the Branch
 Water Supply.
 Alderman Barlow presided over the meeting of the water committee last even- ing in the absence of Mayor Kilduff. The following report of City Attorney Burpee was received, but no action was taken up- on it. as several members were absent: To the Honorable Committee on Additional
 Water Supply:
 Gentlemen: The claim of William F. Grilley for damages caused from flooding his land is a matter of no interest whatever to us. His lawyer, Greene Kendrick, has consulted me about it on several occasions, and I have told him that if he wished to sue the city, he could do so. In that case, we shall notify Mir Gaffney to defend the suit. He is responsible for the damages if anyone is.
 In regard to the claim of the town of Watertown for the damages to fences caused by Martin Lipps. I have to call your attention to section IS of the contract, and advise that the city engineer follow the course therein laid down. The engineer should make the necessary re ,aiEs himself or authorize the town of Waterto&n to do il, and deduct the expense from money due Martin Lipps. .I-
 In regard to the final estimate of Charles Thatcher & Co, amounting to $5,052, I | should advise. that the committee follow the course indicated in paragraph "P' of the contract. Let. Charles Thatcher < Go, and John Fruin, their receiver, be notifi,d that they must satisfy the committee thAt the claims of persons who have done wc2k or furnished materials, and have given nos tice thereof to this committee, have been paid or secured. If they cannot furnish such evidence, the committee may itself satisfy the claims of persons who have given notice. or may apply to the court to l distribute the money among the several claimants. In my opinion, the best course is to allow Thatcher & Go, or their receiver 8 reasonable time within which to satisfy these claims, and if they shall fail to pro- duce evidence that they have satisfied them, let this committee apply to court to diseri- bute the money in our hands among those [ who are entitled to it. In this way we avoid all responsibility for the proper dis I tribution of the funds.
 In regard to the claim of the New York, New Haven & Hartford Railroad company for $45O, cannot see any reason why this claim does not stand upon the same footing as all other claims against Thatcher & Go for labor Ierformed for them. Thatcher & Go in reality employed these men them selves. The committee has power if it sees fit to pay the claim out of the money retained and make an exception to this hill. But if the committee does not wish to do that, this bill should follow the same course as other claims against Thatcher $ Go. which have b, en presented to us. There can be no question in my mind that Charles Thatcher & Go, and not the city, are legally liable for this bill.
 return herewith the bill referred to and the final estimate of Charles Thatcher & Go.
 In regard to the condemnation proceed ipgs against Daniel Woodward ct al, and James Roberts ct al, I have to say that pa pers and preparations were made some ago, but as yet I have not been able to obtain from the town records the evi. dence which desire as to the respective received the case will be completed imme- diately. r.
 Respectfully submitted,
 LUC1EN F. BURPEE, City Attorney. July 30, 1895.
 The bills and payroll for the month amounted to $14 953.76.
 City Engineer Cairns said he had visited the Gay quarry and that in his opinion tht place was being rAed reasonably brisk.
 Complaint made that Contractor William Neville h ld not left the lower Waterville road in 2 'od condition where he had been engaged on the new pipe line. l was strewn with bark and other debris ant so the committee de, lded to hold back $10( of the money due him Mir Neville says tn, road is now in good condition. : Contractor Gaffney says that he is nov getting more granite than previously iron the Gay quarry. but that he would use stil more and if he had the stone the dan would be finished by September 1.