The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-14
HE HAD A GREAT FALL
Mr.. Forester Loses His Suit Against
the City.
A ROCKY ROAD TO HIS BED
Attorney Hamilton Makes Out
Strong Case of Contributory
NegIigence-As to Pub
lie horoughfares.
ROCKY ROAD TO HIS BED

The trial of the damage suit of John
Forester against the city of Butte was
concluded in Judge Speer's court yes
terday afternoon, and the jury brought
in a verdict in favor of the city. City
Attorney Hamilton made out strong
case of contributory negligence against
the plaintiff, and evidently convinced
the Jury that persons who deliberately
walked off sidewalks into cellars should
not be encouraged to bring suits Tor
damages against the city. Foerester
lived on an alley in the rear OF some
property belonging to DIR. Hough on
East Park street and for convenience
used a private stairway or alley run
ming between two buildings from PARK
street.
on the day of the accident the old
Centennial lodging house troubles
reached a climax and the owners or the
building started to move IL from the
leased ground upon which 1t was stand
ing The building stood about loO rect
east of the passage way used by foer
| ester, and during the day was moved
| out into the street, and tneh
| the trouble was adjusted and the build
| ing was moved back to its old founda-
| ton leaving an open space OF rev
feet between that building and the one
adjoining. Forester had known about
| the movements of the old longing
house, but he had evidently forgot II
| when he went home that night, lot
| when he reached the lodging house To-
| cality and saw the open space between
| the two buildings outlined against the
| sky he concluded that that was the
| Jumping off place he was looking Tor.
When he struck the bottom, some 10 or
| 20 feet below the sidewalk among lot
of rock. he changed his mind and dis
IL ct 70
| cried for help and was assisted out OF
the hole and he was laid up for several
weeks and suffered greatly, as he said
in his complaint, from hepatitis, ne
phritis and a few other things.
At the conclusion of the plaintiff $
testimony Mr. Hamilton asked uhe
| court for a non-suit on the ground tha'
II had been shown in an attempt &c
trespass on private property, the
nlaintiff got into the wrong place and
sustained injuries. Mr. Hamilton ar
pued that Forester had no right to &C
dhrodgh the private alley for which he
was looking when he met with ms IN
iuries He said there never was
plainer case of gross want of care anc
contributory negligence, and he knew
of no law under which the city wa
: Obliged to protect citizens against In
Jury while attempting to commit al
/ unlawful act.
/ o. M. Hall opposed the MOTION an
= said there was evidence to show tina
the alley was a public thoroughfare
The court overruled the motion, say
ing that there was not sufhcient eVl
dence to show that Forester was
: trespasser, but that on the contrar
there was evidence that the public use
g the stairway and alley and therefor
r Foerester had a right to presume tina
he could use it. The court also sal
:, that every man travelling on the publ
; street had a right Ito presume that TN
streets and sidewalk are in safe con
dition and II is as much the duty of IN
y city to keep guard of some KIND
n openings like THE one complained or Q
to keep the streets in safe condition
V lot of witnesses then testihed &c
# the city to 1.-THE effect that the stan
) way and alley used by Forester
- reach his house were private ana tina
:, me had no business to use them. Otht
. witnesses testified that in order to IA
= through the opening, where ne su'
tanned his injuries he had to climb ov'
a small pile of lumber and walk bac
ID over a scaffold or walk to the rear
r the building before he could fall OF
III the inference being drawn that
Id must have known he was in the wror
place before he fell or that he WI
er drunk, as alleged in the city's answ
m TO the complaint. The jury was OF
as about an hour before they arrived
of a verdict. They stood 10 to in fav'
- Cif