The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-11

ference, consisting of Councilmen o.
Leary, Heath and Kendall.
The major part of ten meeting, how
ever. was taken up in Wordy discus
sion of the legal liability of the city
for the damages caused by the overflow
of the sewer in Cambridge street caused
| by heavy rain last fall. Claims for
damages on account of this overflow
! have been before the committee on
claims and before the council for the
past six months. On the recommend
alton of last years committee, one OF
| the claimants was paid $1,000. 1t was
claimed by Councilman Timon that the
petitioners reported by the committee
on claims last evening were between
the point of overflow and the party who
was paid last year, and he saw no rea-
son why these petitioners should be
given leave to withdraw.
On behalf of the committee, Council
man Mcmahon explained that at the
| hearing given the petitioners, they had
| claimed that at the time of the over
| flow they had in their cellars vegetables
such as cabbages and potatoes, and
| that for that reason, their testimony
was not to be considered reliable, that
they had, in fact, lied to the commit
tee. These remarks brought Council
man Timon to his feet in defense, and
it transpired that the committee had
not in the specific instance viewed the
1 premises but had to large extent
| based their report upon the untrust-
worthiness of the evidence submitted
| by the petitioners.
| At the suggestion of Councilman
Johnson, the city solicitor was asked
| to give his opinion of the cfty's liabil-
ity in the case at point. City Solicitor
Rugg said that he had advised the
sewer committee generally as to the
| liability of the city that in his opinion
| there was no legal liability. Whatever
damage was caused was due to an I'M
usually heavy rain, and did not result
from any act of negligence on the part
of the city or it's servants. The planks
were nailed down according to the orig
inal plan when the dam was construct
ed. He said there was still some doubt
as to the right of the city to take down
the dam at thegendTof Millbrook sewer
! He said that 0the sonly liability that
could come to the city,swas in a faulty
| carrying out of the original plan as
/ adopted.
Councilman Ryan introduced the fol.
| lowing order, which was adopted as
result of the opinion of the city solicit.
or and to get further information OF
the matter:
"Ordered that the city solicitor b.
INSTRUCTED and directed to report to this
body relative to the legality of the
claims of the different petitioners fol
damages resulting from the overflow
of the sewer at the particular time
when the damages occurred, it being
understood that such damages were
the result of negligence on the part Of
the city of Worcester"
Councilman Meagher introduced the
following order, which was adopted
without opposition
Ordered, that the joint standing
committee on charities be and the
same is hereby authorized and directed
to consider the advisability of the es.
Enlistment and maintenance by the
city of a public lodging house for the
relief of INDECENT persons"
An attempt was made to take the
petitions for compensation for dam.
ages caused by the sewer overflow OF
Cambridge street from the table ant
take some definite action thereon, but
the attempt was lost.
Council adjourned for two weeks.