The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-25
IN THE DISTRICT COURT
The City of Butte Against L. E.
Cook and a. F. Bray.
AN ACTION TO RECOVER
Damages to the Amount of 1890 Paid
by the City to Mrs. Margaret
Joycs-She Fell Into
q Sewer.

Department l. of the district court
was engaged the greater part of the
day in the trial of the suit Of the city
of Butte against L. f. Cook and A. r.
Bray. an action to recover S2,SoO pald
out by the city to Mrs. Margaret Joyce
as a com promise of her judgment Tor
damages sustained by falling into
sewer being constructed on North Main
street a few years ago. The city was
represented by City Attorney Lamb and
the defendants by John N. Kirk.
Mr.. Cook was contractor in charge of
the work of construction of the sewer
into which Mrs. Joyce fell and the de-
PENDANT Bray appears as guarantor on
Cooks bond to the city. Bray, how
ever. claims that he signed the bond
with the distinct understanding that
it should also be executed by J. E. OPP
penheimer, and, as that was not done,
believes that he should be relieved from
liability.
The defense of L. E. Cook is that
he should have been Joined as a party
defendant in the Joyce case and asked
to defend that suit in connection with
the city and, as he was not Joined and
was not required to appear is not bound
by the judgment Mrs. Joyce secured.
He also alleges that the compromise of
the Judgment was made without his
knowledge or consent.
Ex-City Engineer Blackford was the
first witness for the plaintiff. He tes-
titled that his duties had been to super
intend the construction of certain pub
lie works and said that he looked after
the building of this sewer. Asked by
the court as to whether he exercised
control or supervision over the matter
of protecting the excavation, Mr.. Black.
ford said that he had given the con-
tractor no directions about that. and
that the protection which had been ac-
corded he considered adequate.
After the eX-city engineer had testi-
fed, the city attorney offered in evil
dence the judgment roll in the case of
Joyce against the city to show the
amount of damages sustained, the eX-
istence of the dangerous obstruction
and the freedom of Mrs. Joyce from
negligence. The introduction in evil
dence of the document was opposed by
the defendants on the ground that
neither of them We're parties to that
suit and that the judgment roll could
not be considered as evidence against
them as to the matters litigated. The
objection was argued to the court and
Judge Lindsay stated that as deter
mination of the question might be con-
trolling he would not pass on the OBJ
lection until Monday.
The suit of Frank Cooney against
the city of Butte was tried before Judge
Lindsay yesterday, sitting without a
jury The case is one wherein Cooney
seeks to recover a part of the William
Penn lode claim which he states was
taken by the city for alley purposes
His complaint alleges that the city had
no right to the property and in taking
it destroyed building belonging tc
plaintiff. A stipulation concerning the
number Of the facts was entered into
by counsel. After hearing the evidence
the court directed the attorneys to file
briefs in support of their respective con.