The times. [volume] (Richmond, Va.) 1890-1903, 1899-08-24
AN AWFUL FALL
OVER A STUMP
The Narrowing Details Of Mr.. Powers
Accident on First Street.
AS HIS COUNSEL STATES IT.,
Plaintiff Was Overthrow, Upset,
Tripped Up and Knocked Down
and Fell With Great Force and
Violence Upon the Curbing,

In Yesterdays Times the suit OF James
Powers against the city was noted. He
claims 5000 damages for injuries received
nv his stumbling over a stump in the
Sidewalk Of First street, near Mar
shall. Counsel yesterday filed plaintiffs
declaration in the Law and Equity Court.
The legal phraseology and amplication OF
commoqplaccs sound out OF proportion 10
The simple act OF falling over a stump
although the merits Of the case may be
as counsel evidently considers them. The
reader will perhaps detect an element OF
humor In the language of the declaration
especiaUv if he keeps I'm mind the SIM
plicitv Of the facts alleged. Yet all SINH
lar documents are similarly worded.
THE DECLARATION.
At the beginning. the declaration recites
IT'S the citv9 duty 20 keep in goood
rerair. and tit and safe for the use Of
the public generally. and OF the plaintiff
i'm particular. all Of its public streets
and sidewalks. which 81 allowed 10 re-
main open for the use Of tho public and
10 keep the same
sound
afe and
serviceable
for the public use and travel. and par
ticu,arly that part OF First street and
the sidewalk on the western side there
OF. which lies at and near the southwest
corner OF FIRST and Marshall streets TN
said CITY, on which sidewalk and street
or highway there was for a long time he
fore. and on the day and year aforesaid
MAY &C. 1900 upon First street afore-
said a certain
stump.
tree
stOh or
stake Of wood
projecting to-wit: four or five inches
above the pavement on said First street.
and at a point about six inches from
the curling of said sidewalk, Of all Of
which the said defendant long before the
day and year aforesaid. had notice.
Yet the said defendant, well-knowing
the premises. and although bound as
aforesaid TO keen said street and sidewalk
in safe condition and repair for the use
of the public generally. and of the plain
tin I'm particular. on the day and year
aforesaid. disregarding ifs duty in the
premises. did not so keep the same in
kNUl AtFfi anu raAt NNAlAl4l4Nif JUL Ntl
the contrary
willfully
neglieently.
wrongfully and
unjustly
permitted the sidewalk Of said First
street to be and continue in an
unsafe.
insecure and
dangerous
condition aforesaid so that by reason Of
the premises and for want Of proper care
on the part Of the defendant to remove
the obstruction for safe travel so caused
by the protrudng Of said
stump.
stob or
stake
| so on said sidewalk on First street af0re-
said. 10 make the same safe and secure
for public use and travel. the said plain
tiff. who was then and there. i'm the night
| time of the 10Th day Of May. I'm the year
/ 1859. walking along said sidewalk. to-wlt:
/ on the west side of First street. near the
/ southwest corner Of Marshall street. in
| the city Of Richmond Va. necessarily and
unavoidably, without any fault on his
part, was
OverthrOwn,
upset
tripped-up and
knocked down.
and fell with great force and violence
upon the curbing TO said sidewalk and
the tagging and gutter adjacent thereto
and by means thereof he, the said plain
tiff. was greatly
shaken
bruised.
hurt.
'acerated and
wounded.
in and upon the left side Of his BODY.
and the elbow Of HIS left arm was there
10y dislocated, and the wrist Of HIS left
arm broken. and he thereby became by
/ reason thereof. and was
sick
sore.
diseased.
disabled
and 50 remained from thence until the
/ commencement Of this suit, during al
which time he suffered and underwent
/ great pain. and was prevented from at
tending TO and transachng his usual and
{ necessary and lawful business, and wa:
also forced 10
pay
lay out and
/ and aid pay lay out and expend a large
SUM of money. to-wit: Fifty dollars IN
I and about endeavoring TO get healed oil
1 said
wounds
dislOcations.
fractures and
injuries
In the concluding paragraph Ct IS as.
serted that the city has long had notice
/ of the obstruction. 1t ends by asking for