Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-01
A BUSY YEAR.
City Solicitor Fisher Had
Many Gases.
Text Of His Report for the
Past Municipal Year.
Edwards Cos. va|uation...Water District
1ax...Pauper Gases, Etc.

City Solicitor w. II. Fisher has sub
mitted to the mayor and city council
his annual report for the municipal
year ending March l. 1906, which is
given below:
To the Honorable Mayor and City
Council of Augusta:
l have the honor to submit the fol-
lowoiiig report of the law department
Of the city for the municipal year end
ing March list, 1906.
The cases in which the city was a
party pending at the beginning of the
year were as follows:
George r. Erickett VS.. City of Au-
gusta. Supreme Judicial court.
Edwards Manufacturing Co.. Appl't
VS.. City Of Augusta, Supreme Judicial
court.
The following new actions in which
the city is party have been COM
menced during the year:
Charles Sylvester VS.. City of Au-
gusta. Superior court.
City of Augusta VS.. Augusta Water
District. Supreme Judicial court.
City of Augusta VS.. Inhabitants of
Ninalhaven, Superior court.
lily VI aug uSld W. IA
West Gardiner. Superior court.
James r. Townsend. Collector of
Taxes VS.. Edwards Manufacturing
Company, Supreme Judicial court.
Morrill, G. Brann VS.. City of Au-
gusta. Supreme Judicial court.
The case of George +. Bf.ickett
against the city was an action to re-
cover damages for injuries to the
plaintiffs real estate on State street
by the lowering of the grade of said
street. The case had been pending in
court for some time and was finally
tried at the October term and resulted
in a verdict for the plaintiff for S650.1S.
which amount included interest for
three years, so that the actual amount
of damage allowed was about S550-a
very reasonable sum in view of the
testimony in the case.
The appeal of the Edwards Manufac-
turing Co. from the refusal of the as
SCISSORS to grant it an abatement of its
tax of 1904 is still pending before the
court. 1t would undoubtedly have been
heard and disposed of long prior to this
had il rot been for the delays Occa-
stoned by the various propositions and
negotiations for settlement which have
been made and considered at various
times.
A hearing was had before Judge
Spear. the Sth inst. upon a preliminary
question which. if decided in favor of
the city disposes of the pending appeal.
and counsel for the city feel confident
that such will be the result. The main
question involved in the case. to wit:
u y-lI rot inn Of I,n II ..y>1c. n
property. will not be reached in any
proceeding before next October.
The case Of Charles Sylvester VS..
| the City of Augusta is an action in
which the plaintiff claims to recover Of
| the city damages in the sum of $500 for
| injuries which he claims he sustained.
| to his horses and wagon. by reason of
q defective railing on the east side Of
Gage street. The accident happened
June %, 1904. and the suit was tried at
the January term. 1906. of the superior
| court. After the evidence as to the al
legged defect vas put in I made mo-
| ton for q non-slIit on the ground that
| the written notice given within IA days
| after the injuries were received, as re-
| CURED by the statutes. was fatally de-
| fective and that therefore the action
could not be maintained. The court
| sustained my position and ordered a
| nonsuit. The attorneys for Mr.. Sylves-
| ter have filed exceptions and may take
| the case to the law court. but I am
| confident that Judge Halls ruling was
| correct and will be sustained by the
higher court.
by direction Of the mayor in Septem-
Der last, | brought suit i'm the name of
| the city against the Augusta Water