Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-04
ISAMAN CASE
NOT DISMISSED
Status Reviewed In Report
Made at CeunCil Last
Night

me case OF I1e city OF Lewiston YEA
s. 6, Isaman has been brought prom
inenuy before the citizens Of Lewis
ton recently, both by a petition pre-
scented to the council at a meeting held
last Friday evening, in which the c0un-
ell was asked to dismiss the case
against the petition being signed by q
large number of prominent taxpayers,
and the recent council investigation OF
charge made in which 1t was sug- |
gested the prosecution Of the case was
a personal matter.
The status of the case was discussed
by the council last night and to &C
quaint the people with the full details
of the case the following statement
was issued for publication.
The mayor and council regret that
they cannot grant your petition to dis
miss the suit of the City OF Lewiston
VS.. S. G. Isaman, for reasons which
the following statement will make
clear:
In 1899 S. G. Isaman was the owner
of the premises on Main street now
occupied by the Creamery cafe. In
front of the building was a wooden
sidewalk, and in this sidewalk Mr..
Isaman placed and maintained, or his
tenants maintained, wooden cellar
door. This door was placed in the
walk for the convenience of Mr.. lsa-
man and his tenants, and not for the
convenience or benefit of the city or
of the public. The primary duty of
maintaining the door in repair rested
upon Mr.. Isaman. This door was al
lowed to get badly out of repair and
to remain so.
IN February, 1900, Mrs. Mclean
while walking on the sidewalk in front
of Mr.. Isaman's property, stepped upon
the defective cellar door and was pre-
cipitated into the cellar. Thereafter
she and her husband brought suit
against the city and received judg-
ment for $4,000. which, with interest
! attorneys fees and costs of suit final
lv amounted to about $4,000.
"As result of this large judgment.
the largest ever recovered in a like &C
ton against a city in Idaho, suits oil
this kind were encouraged, and in ad-
dition to this the impression became
widespread among our citizens tha'
people had the right to place struc-
\ lures of the kind referred to in the
sidewalks and that all liability for de-
q fects or negligence would fall upon the
y citv AS a consequence of this i'm
= nression it became difficult for the city
= to have those structures safeguardet
p and protected so as to save the citi
zens from injuries and the city IRON
liability. Notices to owners to repal
were disregarded. The city itsel
could not make repairs upon prlVau
structures of this kind without sub
iecting itself to a liability for dam
ages which might thereafter occur
became almost imperative that IN
citv take some action to protect itsel
and its citizens, either by establishin
y in court the principle that any perso
who maintains private structure
this kind in a public sidewalk must In
sure the city from liability thereio
| or nv closing up all basement entire
- through sidewalks. The latter metho
- would have entailed great loss @
nropertv owners, and the city, for 1
own protection and the protection
its citizens. was forced to begin u
~ suit against Mr. Isaman for the reco'
- cry If the sum which It had be-
. forced to nav, primarily on account
Mr. Isaman's negligence, and to
tabIisb a LEGAL precedent which won
protect 1t from like consequences
he the future.
MS 1.-THE Idaho courts have not
nj passed upon this question. Until tn
DIRK do mass upon 1t it is not certa
on- whether the legislature has author'
in to afford relief, so that mere chan
nue. of the charter does not determine
question.
the $50 far the court has ruled, In
Ier- suit against Mr.. Isaman, that If
and CITY establishes the facts which 1t
be leees it must recover Judgment.
en- Isaman can present to the court
OF new facts which will relieve him
at liability and excuse him of negliger
ives and it must be borne in mind that
court is amply competent to prot
to Mr.. Isaman's rights. and that no jul
to ment win be entered against him
all less it appears that hfs conduct
en- been such. under all the facts and
the cumstances, as to Justly and fairly
in nose liability upon him.
oIn the meanwhile, if Mr., Isar
liza desires to submit any proposition
as compromise or settlement TO the co
ell, such offers will be duly considt
and every circumstance surround
the transaction will be given
weight to which 1t Is entitled.
,cci- "some suggestion has been N
wear that the action Of the mayor and &C
,dav. Gil in refusing to dismiss this case