The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-07
APPEAL WILL Be TAKEN
City Damage Suits to Go to the
Supreme Court.
A TEST is TO BE MADE
The Necessity of Paying Damages for
the First Establishment of Grades.
Report of the Work Done by
the City Attorney.

At the last council meeting City At
torney Devote submitted report of
the results obtained in several cases
recently tried in the district court, in
which suits were brought against the
city for damages alleged to have been
reason of the establishing of grades of
certain streets. With ore exception the
principle involved in all the suits was
the same and with that exception were
decided adversely to the city. Judge De-
Wolfe raises the interesting point as to
whether under the constitution of the
state, the city is liable for damages for
establishing the grade of street for the
first time and on this point proposes
to appeal the cases to the supreme
court. Should the decision of the su-
preme court sustain the lower court it
will be impossible for the city to grade
streets in future necesGitating deep cuts
or extensive fills without paying heavy
damages to property owners. Judge
DeWolfe's report covers the present
status of the various suits in court in
which the city is now interested. 1t
reads:
'First--Tn the action Of w. l.. Farlin
VS.. the City of Butte, which was an ac-
ton to restrain the collection of special
assessments for constructing a sewer
on West Park street. in which a 'tem-
porary injunction was at first issued
the court dissolved the Injunction and
thus decided that the assessment was
lawful and regular.
"Second-In the case Of Joseph Dew
lit VS.. the City of Butte which was an
action brought to recover 81 40 by rea-
son of alleged damage to lot 5. block 4,
of the Leggat g. Foster addition, by rea-
son of the grade of West Broadway
the cause was tried by a jury who re-
turned damages in favor of the plain
Tiff in the sum of $500.
"Third-In the case of Annie Hanley
VS.. the City of Butte an action was
brought to recover the sum of S770 by
reason of alleged damages to lot in
block of the Lpggat & Foster addi-
tion, on account of the grading of East
Broadway, judgment was rendered in
favor Of the plaintiff for the sum of
$77O.
"Fourth-In the case of NJ. B. Hol-
vs. the City of Butte. an action
brought to recover the sum of $500 by
block of the Leggat & Foster addition
on account of the grading of East
Broadway, judgment was rendered in
favor of the plaintiff for the sum of
$500 BE- Ism -
''Fifth-In the case Of Andrew ]. Less
We the City of Butte, an action brought
to recover the sum of $500 by reason
of alleged damages to lot 8, block 4, of
the Leggat & Foster addition. on &C.
count of the grading of East Broadway,
judgment was rendered in favor of the
plaintiff for the sum of $500.
"SiXth-In the case of William O'Don-
nell and others VS.. the City of Butte
an action brought to recover the sum
of 1000 by reason of alleged damage
done to the house of plaintiff, standing
on the southeast corner of Granite and
Crystal streets. caused by the grading
of Crystal street, the jury returned a
verdict for $500.
THE judgments in all of the above
named cases carry costs against the
city. I have given notice of a motion
for a new trial in the several cases
mentioned above and will act in the
matter as the council directs, in moving
for a new trial and appeal in case the