Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-21
IN THE COURTS
Captain Mccormick Sues For
Damages.
A DEFECTIVE SEWER
Played Havoc With His Property
Other Business Transacted
In the Departments.
SEWER

ton against the city of Butte for dam
age sustained by the stoppage of a sewer
in Dublin gulch. Mr.. Mccormick al
! leges in his complaint that the city au-
| thorities had due knowledge of the de-
fectiveness of the sewer and negligently
! allowed it to be covered over and linked
up with dirt and debris, and that by rea-
son thereof the water flowing down said
gulch was prevented from entering the
mouth of the sewer. BY reason of this
the water backed up and caused the over
flowing of the sewer.
The complaint alleges that the defend
ant was repeatedly notified of the de-
fectiveness of the sewer and failed to
; repair the same. The plaintiff states that
he is now and was for a long time before
the 9th day of August, 1899, the owner
and in possession of lots 16, II and 36, in
block 13 Of the Original townsite of Butte.
He alleges hat on the 9th day Of August
the water flowed down through the gulch
and owing to the condition of the sewer
damaged his house, furniture and base
ment, and injuring said property to such
an extent that he was deprived of the
use and benefit Of the same. He there
fore asks damages to the amount of
50 1000.
In the same suit Mr.. Mccormick files
another cause of action ;lleging that on
or about the 18th of July. 1899, the water
flowed down and through the gulch and
over on to his property on account of the
defective sewer, and asks damages to the
amount of 1928.
The defendants. in the suit of John
Floyd ct al. VS.. John NJ. Barber ct al.
filed their answer today denying that on
September 2 or any other date they agreed
to sell to the plaintiffs or give an option
upon lot Is block 2 of Barnard's addition
at the agreed price of $4,000, or any other
sum-. They also deny that the plaintiffs
rendered them the sum of 81. 800, or that
they ever agreed to accept any PROPOSE
ton made by plaintiffs.
The defendant in the case of Charlotte
S. Eager VS.. Antoine Strasser filed a mo-
ton in court today to set aside and va
cate the order made for the publication
of summons OF the ground and for the
reason that the showing made in the afi-
davit was insufficient for a judicial officer
to make the order Of publication: that the
affidavit set forth only showed conclu-
sions of the plaintiff and not facts.
A transcript of the preliminary hear
ing of the State of Montana VS.. Theodore
Vadnais, who was charged with the crime
of grand larceny before Justice Nichols,
was filed with the clerk of the court yes
tefOay. II Is alleRed the Sald VaunalS
on or about the 25th of May had stolen
about 600 feet of wire belonging to the
Butte City Consolidated Street Railway
company and was valued at about $50.
On or about the Goth of May the street
car company put up some new wire along
the line running to Columbia Garden,
and the day alleged in the complaint is
the time that the wire was removed from
the poles. The preliminary testimony
shows part of the wire had been sold to a
junk dealer and the remainder buried in
a pond near Columbia Garden. -
The defendants in the case of Libby
NeWberry VS.. K. j. McRae ct al. gave
notice yesterday that they will on next
Saturday ask for an order %dissolving the
restraining order and injunction that was
issued some time ago.
Robert Edgren obtained his liberty yes
terday or a writ of habeas corpus which
was heard before Judge Clancy. The ac-
ton pending is entitled William Thomp-
son, doing business as the Silver Bow
Coal company, against Charles Nystrum
and Robert Edgren, but by the dismissal
of the writ yesterday matters nave been
rn ,~Fn n ors1