The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-25
A DAMAGE SUIT
AGAINST THE CITY
Mr.. Calling Alleges Injury
from Sewer.
ASKS VERDICT FOR $4,000
CLAIMS THAT IL CAUSES MUCH
SICKNESS.
ASKS VERDICT FOR $4,000
HIS PLACE REDUCED ONE. THIRD IN VALUE
The Entire Time of the Superior Court Con-
sumed Yesterday in Hearing Of Testi-
mony. twill Take Another
Day to Finish Case.
Day to Finish Case.

Day to Finish Case.
The entire time of Wake Superior coul
was yesterday consumed in the trial oi
an action brought by Bart M. Gatlins
against the city of Raleigh. This sui
is to recover $4,000 for damage to Cat
ling's property, caused by the city sewer
emptying into Walnut creek near his
land.
Most of the evidence heard yesterday
was for the plaintiff, only three wit
nesses being put on for the defendant.
The city will resume the introduction
of testimony this morning as it has
still about dozen witnesses to examine.
As the argument of counsel may be
quite lengthy, it is probable that the
case will consume most of the court S
time today.
Gatling bases his claim for damages
on the ground that the city sewer,
emptying at the point it does and into
Il small sluggish stream, creates a pub
lie nuisance and affects the health OF
all who live along the banks of the
stream. These things, he says, have
greatly deprecated the value of his
plantation.
The city in its answer does not deny
the unhealthfulness of the locality, nor
the fact that the sewer empties there
But it sets up as a defense that the
malaria prevalent in that locality is
caused, not by the sewer but by the
swamps, stagnant marshes and mud pits.
1t denies that any damage Gatling may
have thereby sustained is due to the
city.
The witnesses for the plaintiff were
Bart NJ. Gatling, F'rd W. Mailer. A.
III. Green, James H. Robbins, Dr. ]. A.
Sexton, Dave Holland (col), l.. j.
Capehart lcol.), and Alex White (coD.
For the defense DIR. James Mckee, II.
=. Sale and W. C. McMackin have been
put on the stand.
The first witness put on the stand
was the plaintiff, Bart NJ Calling. He
said:
Il live a mile east of this court house,
just beyond the corporate limits. l have
lived there ever since | was born in
1871. have lived there with family
since 1895. Soon after this we began
to have chills and Ieyer. In the early
part of August, 1897, they had the
chills and fever so badly that | had
to send them to Mississippi 1t is i'm
possible to stay on my place during the
summer. If we do stay there in the
summer we are sick all fall and winter.
This past summer we spent at Little
ton. We began to have chills before
we left. / had twelve chills in May
and my children had many more
Ins, =
Walnut creek with reference to his resi-
dence. 1t is, he said, a small, fiat, slug
Ssh stream, and at a bend in it near
his house there is a swamp that acts
as a pocket for the sewerage. if the
creek is above its normal height.
Was your place unhealthy before
the sewer was put in?
up to the time / went off to school
in 1888 | lived there and had only two
chills. Others living there were equally
healthy"
The witness said he had never smelled
any bad odor from the sewer at his
house
HAS the value of your place de-
preciated by reason of this unhealthful-
ness?''
Il think it has-about one-third. Be-
fore it became unhealthy | would not
have taken less than $4,000 for it,
The witness estimated the cost of
medical attendance and medicines nj
500 year for three years, and the
expense of sending away his family $500
year for the three years.
On cross-eXamination the witness said
the creek was straight for 300 or 400
yards below the mouth of the sewer,
having been canaled there. Further
down the creek there are mary ponds.
At Eatman's mill the flow of the stream
is more rapid than anywhere else on its
course. If the city had ever done any
thing toward taking distractions out OF
the creek he knew nothing of it. He
had detected the odor of the sewerage
several hundred yards from the bank
of the creek
During the past two years have you
not bought 5000 barrels of garbage
from the city, similar to that in the
sewer, and put it on your landg'
Yes. it is used very generally all
over that neighborhood. My brother
George bought some and Mr.. James
Moore buys it,
You say your place was worth $40
600 before it became unhealthy. Was
it not assessed for taxation at $1,000
and did you not get the county commits
sioners to reduce it to S4,000?"
II never had it reduced. / never
knew that it was valued at more than
$1,000. This value wis fixed by the as
SCISSORS and not by me-
On redirect examination the witness
said the swamps along the creek were
there before his place became unhealthy
also that only the past year had he
commenced having city garbage put on
his land.
The next witness was Fred w. Nah
Ter. He said, among other things.
my mother owns property near Wal
nut creek, about two and one-half miles
from the city. The dwelling on the
place is about half a mile from the
creek south of it. and a mile from CAT
ling's. / lived there until 1893. | left
on the advice Of a physician. / had
malaria and was threatened with ty,
phoid The laborers living on the place
were also sick. Before establishment OF
the sewerage system the health of tha