Waterbury Democrat., 1902-03-20
MORE TROUBLE.
The City is Now Made Defendant
 in S1O0, ,000 Suit.
FIRE, SNOW AND SMALLPOX

And Now Along Comes the Tantaliz-
 ing and Disagreeable Sewage Ques-
 tion-Papers Were Served on City
 Clerk Ryan To-Day-The Case is
 Returnable to the Superior Court
 April l at New Haven.
 A short time ago Waterbury was wrestling with one of the most de- structive fires that ever occurred Tn the state and for a time 1t looked as if it was going to lick up everything in sight before it could be clubbed into submission. But an efficient nre department, aided by friends from nearby towns, succeeded in saving q portion of the city and we were about through weeping over the ruins when a storm came along and the next thing we knew we were over our heads III snow. A superintendent Of streets that has no superior in his business dug us out in short order, but While people were brushing the snow or themselves along comes smallpox patient and since that time few ap- pear to be able to tell where they are at But things appeared to be on Ihe mend until to-day when Sherin Rlgney strolled into the city hall building and served papers on City Clerk Ryan ln a suit against the city for $lOO,OOu. The complainant is the Platt Mill company and the cause, the same old source of contention. the alleged pol lution of the Naugatuck river. The complaint is in part as follows:
 The defendant is a municipal cor poration located in the said town Of Waterbury. The inhabitants living in the defendants city number about 50,O00 Said city has constructed and used and is using system of sew craze with main and lateral sewers, by means of which filthy and noXious substances created and accumulated by the inhabitants of the city have been and still are collected and dis charged into the Naugatnck river Ill such quantities that the water has been and still is inadequate to dilute such sewerage, and the same has been carried down the Naugatuck river, has settled in the waters of the pond I made by the dam of said Platt Broth l CTS & Company and in the canal lead l ing from said dam to their manurac- ] turing establishments, and i'll the l WtFm SedSOHS Ol I1iC ; NAl hdS lneA~ 1 fled. causing large and numerous l patches of foul and offensive stuff to come to the surface of the pond and canal. giving forth offensive odors. and fouling the water to such an ex- l tent that the hands of the operatives employed in said manufacturing es- l tablishment, after being in the water 1 for any purpose, would carry away an offensive smell The deposits from such sewage at the bottom of the pond
 md in the canal have been dense and
 gep. and have been of great annoy :.,ce to said Platt Brothers & Cons pany in repairing their dam, in clear l ing out their canal, especially at it's ! head. and in repairing the wheel-pit. { and i'll other ways and respects; the i odors from this putrefied sewage in I the warm and low water seasons of the year have been so strong and of l fensive as to compel the shutting of l the windows of these manufacturing establishments, and to make some on the operatives therein sick with nau-
 sea and consequent vomiting, and all | uncomfortable, and have hindered and prevented the plaintiff in it's use and
 operation of its said property and plant.
 Operatives of said manufacturing establishment have been unwilling and refused to work therein because of the conditions above set forth and by reason of said conditions the said Platt Brothers & Company have not
 been able to make use of all their
 water power and buildings.
 Said sewage has also rendered the waters of the Naugatuck river so foul
 that they cannot be used for dipping and cleansing the manufactured pro- l ducts of the said Platt Brothers k Company in their manufactory, and cannot be used for other ordinary pur- poses. The said Naugatuck river has been by said defendant converted
 and made into and used as an open sewer for the deposition and disposi- tion of such sewage, and such use is an intolerable nuisance; it has hin- dered, prevented and stopped the plaintiff from improving and using 1 it's said property and plant as plaintiff would otherwise have done; it has greatly diminished the amount of busi-
 ness and output of plaintiffs said manufacturing plant and greatly di- unfinished the profits, which would oth-
 erwise have accrued to the plaintiff | improvement of it's said property and plant and has greatly damaged and lessened the value thereof. The said damage has resulted from both the
 said sewage in itself, and from the off fensive, sickening and dangerous odors and emanations therefrom.
 On or about the 23rd day of April, 1891, plaintiff brought it's action against defendant to recover dam-
 ages for that date and afterward judg-
 ment in said action was rendered in
 plaintiffs favor, and this action is
 brought to recover damages accrued
 since the commencement of said for
 mer action to the commencement of
 this present action.
 The plaintiff claims Judgment for
 one hundred thousand dollars (S1OO,-
 OOO) damages.
 Clifford I. Stoddard of New Haven is recognized in the sum of one hun- dred dollars, to prosecute, etc. Dated at New Haven, this 18th day of March, 1902.
 , (Signed) JOHN ", BRISTOL,
 A commissioner of the superior court for New Haven county.
 )j The case is returnable to the super , for court at New Haven on the first