The San Francisco call., 1903-12-16
WORKS BOARD
IS FLUSTERED
Commissioners Aroused to Ac-
tion by Verdict of $4,000
Damages for Mrs. Dora Heath
DRASTIC PLAN APPROVED
Those Failing to Repair Side
walks After Notification Will
Be Arrested Under Ordinance

Smarting under the verdict of a jury
in Judge Kerrigan's court awarding
$4,000 damages to Mrs. Dora Heath for
injuries sustained by a defective side
walk IN front OF 1911 Buchanan street,
the Board of Public Works decided
yesterday to take drastic measures
against property owners who neglect to
keep the sidewalks in 'front.' Of their
premises in proper repair. The arrest
OF such property owners. after due
notification has been served upon them
10 repair the sidewalks, is ordered.
BY the verdict the commissioners of
works are made personally responsible
for any accidents resulting from dan
gerous sidewalks and in order TO fore
stall the saddling of further damages
upon them they have come to the con-
clusion to make property owners abide
strictly by the terms of the ordinance
governing the maintenance of side
walks.
The ordinance is very explicit in the
AAdAAtA anu SIMPLY STATES Lndl dllcI uue
notice has been given by the Board of
Public Works to any property owner
whose sidewalk is in need Of repair he
shall forthwith proceed to repair the
same. In the event that the property
owner refuses or fails to obey the notice
the Board Of Public Works may pro-
ceed TO do the work, but at the ex-
pense Of the city.
NO MONEY FOR REPAIRS.
Now the board is confronted with
the fact that the Supervisors failed to
set aside any money for the keeping
in repair of sidewalks and therefore
it is powerless in the premises. An
other difficulty intervenes in that con-
tractors are unwilling to enter into
contracts for the repair or sidewalks
and the charter requires that all public
work shall be done by contract.
The alternative which the Board Of
Public Works now expresses its inten-
ton TO avail itself of is the section of
the ordinance which makes it a mis-
demeanOr for any property owner to
neglect to put his sidewalk in good
condition after being officially notified
TO do so by the Board Of Public Works
The penalty for such neglect is a fine
of $500 or imprisonment for six months,
or both. The Board of Public Works
in the past has been 10th to carry out
the provisions Of the ordinance regard
ing the aTrest of delinquent property
owners but it feels that under the de-
cision II would be liable for many thou
sands of dollars Of damages as the out
come Of accidents from defective side
walks. In many cases ladies are the
offenders in this regard and the board
has hitherto refrained from taking un-
pleasant action.
simple compliance with the notice
Of the board that bad sidewalks are
to be repaired will save much incon-
venience and a possible visit to the
Police Court, the Board Of Public
Works think
VERDICT DEEMED HARSH.
The verdict Of the jury is regarded
by the Board of Public Works as a
harsh one, owing to the fact that Mrs
Heath, who secured the judgment, ad-
mitted that she was aware that the
sidewalk was in bad condition when
she walked on it and sustained a frac-
ture Of the arm. Evidence also showed
that there were three street lights
brightly burning at the time and yet
the Board Of Public Works IS held re-
sponsible for the accident and all sim
liar ones that may occur in the future
Ex-Commissioners of Public Works
Mcguire and Van der Naillen, present
Commissioners Manson and Casey and
the estate Of the late Louis j. Ohni-
mus. who was a member Of the board
at the time of the accident, will be held
responsible on their bonds for the
amount of Mrs. Heath's verdict.
On the night of December 20 of last
year Mrs. Dora Heath stumbled over a
loose plank in front of the residence
at 1911 Buchanan street. In falling
she broke her arm and Clipped a
piece of bone from the end of the hu-
merus. AS a result of the injury the
woman's arm will be stiff and almost
useless Sbr the rest of her life. Upon
recovery she Immediately filed suit for
$40, 900 damages, basing her claim on
the fact that it was the duty of the
Board of Public Works to keep the
sidewalks in repair.
The board secured a stay of pro-
ceedings for thirty days, during which
time an appeal will be taken on the
ground that the verdict is excessive.