Montour American. (Danville, Pa.) 1866-1920, 1901-10-24
BLIZZARD
DAMAGE SUIT
Action Brought to Recover from Borough
for Two Days.

! y SptCldl term OF court IOf Ine tIldl OI
civil ,uts began Monday morning
with Judge Il. X. Little and Associates
| Thompson and Blee on the bench
Nearly the entire day was occupied
with the damage suit of William II. J.
Blizzard vs.. the Borough of DanvlIe
This is the fourth action brought by the
Billiards against the borough to re-
cover damages for detriment and injury
sustained from tloojs aud the polluted
condition Of the run which flows
through their premises.
The damages recovered in the preced-
ing tria,s aggregate $3.50. In the pres
! ent action, which is brought to recover
for two days, April , and 8, 1897, the
damages asked are $1,000. Under the law
the plaintiff may bring a suit for every
day that the nuisance is permitted to
exist. No one will be surprised, there
fore, tD learn that there are still pend
ing ten suits against the borough with
Mr., Blizzard a plaintiff covering irTeg-
ular periods between April ;, 1897 and
the present.
James Scarlet and II. NJ Hinckley
Monday represented the plaintiff
while r. :. zimmerman and Edward s.
Gearhart looked after the interest of the
borough. Some half a dozen witnesses
testified for the plaintiff. The defense
offered no testimony. Mr. Hinckley
| addressed the jury for the plaintiff and
Mr.. Gearhart for the Borough
Judge Little in his charge instructed
the jury to bring in verdict for the
plaintiff that nothing remained for
them to DO but to fix the amount Of the
| damages. He reviewed the testimony
| TO show that the nuisance complained
/ of in the former suits existed on April
| ana 3, 1897, and even continues up to
! the present in as great if not greater de-
! gree The judgments rendered in the
| three suits brought for continuation of
| the nuisance, he said, establish the
right Of the plaintiff to recover in the
present case. In addition to the dam
ages actually sustained by the plaintiff,
the court said the jury bad the right to
innict punitive damages in an addition
| al sum so as to induce the borough to
| abate the nuisance.
The Jury in the case of William II. j.
| Blizzard, the charge treSpasS, agreed
| upon a verdict about ) O'Clock Tues
day morning after being out all night.
In view of the Judges charge, which
stated that the verdict must be for the
plaiutiff, the only thing resting in doubt
was the amount of damages to be award
ed. There was a good deal of interest
manifested to know just how the twelve
men would look at the matter.
The verdict returned by the Jury
awarded damages in the sum of $500. OF
this, S25 was for actual detriment or
damage sustained during the two days
of April and 5, 1897 and the balance,
$3.50, punitive damages inflicted on the
borough for neglecting to abate the
nuisance
The verdict is the heaviest that Mr..
Blizzard has yet obtained against the
borough. The worst features are the
facts that nearly five years remain to
pay for and that the nuisance com
planned of still exists, while it is no Sc
cret that the plaintiff intends to bring
suit after suit until the nuisance is final.
ly abated. TO fight the matter in court is
and money. as is shown by the Judges
charge in this as well as in previous
cases, which clearly establishes the bor-
ough's liability for damages as long as
the nuisance is permitted to exist and
leaves nothing for the jury to decide
out how much the borough shall be
made to pay for its neglect.
The verdict in the present case might
be taken as an indication that the pub-
lie is becoming tired Of this litigation
and impatient of the somewhat stub
born and inconsiderate attitude of the
borough in refusing to abate what has
over and over been demonstrated TO be
a most fragrant nuisance. Citizens in
general Tuesday were very much stir
red up by the verdict rendered. The
justice or injustice Of Mr.. Blizzard )
claim no longer enters into controversy;
it is now a cold matter of law. 1t is eth
er the abatement of the nuisance or the
payment of damages indefinitely.
That the borough council came in for
its share of censure is only natural.
While it is true that the pollution of
Billiards. run has given our borough
law makers some concern yet there has
always been a division as to how the
ed with the result that one faction some
how managed to defeat the plans of the
other, so that IN the end nothing materi-
al was accomplished.
At this iuncture a great deal devoIves
upon council The first thing to be
done is the abatement of the nuisance
in Blizzard ; run. There is no excuse
for any division as soon as a feasible
plan is proposed. That it IS an improve
ment needed above all others no one
will dispute now. Let council act as a
unit as becomes public spirited, ,conscIen-
tiOus men working for the good of the