The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-03-21
A BIG DAMAGE CASE.
!. AGAINST CITY. IS
ON TODAY

Catherine Edmunds Asks S..
600 for Fall on Side Walk
Many Similar Cases.
The case of Mary Catherine Ed
monds vs.. the city of Grand Forks is
on in district court today and is one
of much interest, as it involves sum
of $4,000 damages alleged to result to
the plaintiff from injuries claimed TO
have been received from fall upon a
slippery sidewalk last year.
There have been several actions
against the city of similar nature
and about 100000 in damage cases
have been disposed of either by settle
ment in or out Of court. Tracy T..
Bangs represents the plaintiff in the
action and City Attorney Bangs repre-
sents the interests of the city. There
has been considerable adverse criti-
cism relative to the condition of city
walks and the failure upon the part
of the authorities to see that they are
kept In condition, as such actions as
this one involve the city in great ex-
pense. The results of this action will
be watched with interest by the tax
payers. The complaint in the case fol-
lows:
State of North Dakota, County of Grand
f, 9Tk Bist In District Court. First Judi
Mary Catherine Edmonds. PLAINTIFF, VS..
CITY Of Grand Forks. a corporation.
Complaint.
The plaintiff above named. for her
cause Of action herein, complains Of the
defendant and alleges:
That the defendant city Of Grand
Forks. at all times hereinafter men
toned has been and now is a munich
p9der
Visions Of Chapter % Of the laws Of
Dakota territory for the. year 1851
ter, IS Of the Revised CODES OF N North
dakota for the year 1895 and acts
IL,
That at all times herein mentioned
It has been and now is the duty of said
defendant city. to construct, Keep and
that portion thereof hereinafter men
toned, in safe condition ana tree and
clear of any, and all obstructions, de-
presSlons and excavations or other de-
fects or conditions, inimical to the safe
ty Of persons who might be in the law
full use thereof.
That on the 18th day Of January,
1906, and for q long time prior thereto,
portion Of the sidewalk, within the
and opened, sustained, controlled and
treated by the said defendant city as a
P ForfY t ssiGdeWT va, t0wit; strip ABOUT
Of said sidewalk and extending from a
point about nine 90 feet northeast Of
DeMers avenue and the northeast line
Of Third street on the southeast side OF
DeMers avenue forty (4O) feet north
carelessly removed and never replaced;
mat as consequence thereof there was
On the 18th day Of aJnuary 1906, and
place, break in the sidewalk about
forty (4O feet in length and a depres.
the sidewalk, such depression being Of
the full width of the sidewalk and ex-
tending about forty 800 feet northeast
east of the intersection Of the said
southeast line of DeMers avenue and
cy os Gand ae ro Of h Nob II
That q for long time prior to the 18th
cay "a Of January, 1905, the said defendant
snow and ice to Accumulate and remain MGa
in said depression and Particularly at
s sne northeast rd ga end thereof; and said
and negligently allo ~eo 70 accunulate
and remain In said depression, became
preston and formed into an ICY s,'q si de-
perry incline from the surface Of the
depression aforesaid up to the adjoin-
said depression; in which condition said
portion OF the public highway within
befo G,!y 81 Grand Forks herein
January, 1905, and for long time prior
thereto had been.
That on the 1stnh. dav o, 1,nn.rv
the said city Of Grand Forks wrong.
fnilly, ca ,ra and negligently per
to be removed and the surface OF the
above described sidewalk to be remov-
anG tS OF the above Described
joining the sidewalk to become en-
thereby rendering said sidewalk and
SAID depression. caused by the removal
Of an SAD sae wa defective unsafe and
tanned. A '''"'A-
That ct h sass S e asa e For the s sR
time prior thereto. had notice and
k1a ~ s1 Of the removal Of said SIDE
preston caused thereby, and OF the
slippery condition thereof, and that the
said defendant city instead Of remedy
ing said defective unsafe and danger
SION and incline, as it was in duty
bound to do, with full knowledge of its
existehce and of its dangerous unsafe
ana defeetty &c condition, and constant
lawful use of said sidewalk.
VII.
That about fifteen minutes to five on
the afternoon Of January IS, 1905, the
plaintin, while walking southw estward
nue. In said city Of Grand Forks, North
Dakota, and while in the lawful use Of
said sidewalk, herein described as q
1 .snca AN and without fault or negli-
Quence Of the carelessness and negli-
gence Of said defendant as aforesaid,
at a point about forty-nine (49) feet
east line of DeMsrs avenue ana the
the AFOREMENTIONED incline, leading
(. from the depression, at its northeast
end; to the adjoining sidewalk, slipped
thereof did. fall heavily to the ground,
striking the elbow OF her left arm,
boae By hsr f ss
broken, and said plaintiff was other.
wise severely bruised and permanently
injured, causing her great bodily injury,
VIII.
before described, plaintiffs left arm
has been an H., still is partially paralyzed.
TIL has been and still is caused great
physical pain and discomfort and SUI