Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-17
CITY SOLICITOR.
Full Text Of Annual Report Of City
Solicitor Goddard.

Following is the annual report Of
City Solicitor A. NJ. Goddard which
has been presented to the city govern
ment:
To the Honorable Mayor and City
Council of Augusta:
I have the honor to submit the fol-
lowing report of the law department
of the city of Augusta for the NUM-
cipal year just closed, as follows:
I At es-beginning of the last NUM-
cipal year two suits We're pending in
court against this city. Both suits
have been disposed of advantageously
to the interests of the city and with
out injustice to the rights of the claim
ants.
The first was brought by Morrill,
Brann to recover for personal injuries
received Dec 90 1905, in consequence
of his horse-sled being upset by its
sluing into the electric car track on
Water street just north of the RineS
Hill crossing This suit was entered at
the March term 1906, of the supreme
court and was in order for trial at the
following October term, but because of
the fact that Mr.. Dutton. the PLAINTIFFS
attorney. was chosen city solicitor just
after the case was entered in court it
could not with propriety be brought to
trial or otherwise be disposed of until
after Mr.. DuttOn went out of Office last
April. Last October which was the
| next term of the court in this county,
this case was assigned for trial. After
thorough examination of the facts that
the law involved and preparations for
trial the case was compromised and
| settled without trial by payment of
| 5000 to cover both damages and costs.
This settlement was made the day be-
| fore the time assigned for trial of the
case. Mr.. Brann's injuries consisted
of fracture of one bone of his right
leg below the knee and an injury to
| the knee joint resulting in some per-
| manent stiffness of the knee joint, and
if the city was liable at all undoubt-
edly he would have recovered judg-
| ment for a much larger sum had the
| case been tried. There was no queS-
| ton as to his injuries and no doubt in
my mind that the structural condition
of the street which caused them was
| a defect for which the city was clearly
| liable unless careleSsneSs on the part
| of Mr. Brann was partly responsible
| for the accident. The paved surface of
the street at this point sloped from the
west toward the electric car track and
when covered with ice or snow con-
| stituted dangerous condition so that
| the city'S only ground of defence con-
! sisted of q claim of cOntributOry neg
| ligence on the part of the plaintiff as
above explained, and as to this the
evidence was conflicting. The electric
railroad company could not be held re-
| sponsible either to Mr.. Brann or to the
| city because it's tracks were located
| in accordance with tie requirements
of the Augusta municipal officers and
| were properly constructed and main
tanned Under these circumstances it
seemed wise as well as just to settle
as before stated rather than incur the
| expense and hazard of trial.
The change which has since been
made in the grade of Water street at
this point has entirely remedied the
! former defective condition.
/ The other case. in favor of Mary +.
| lowell. was entered at the January
| term of the superior court and was in
| order for trial at the following April
! term at which it was assigned for trial.
| Mrs. Lowell, a graduate nurse, claimed
| s125 for her services from May % to
| June 16. 1906 in running the city pest
| house and nursing the smallpox pa
tents. The Augusta Board Of Health
| thought her charge excessive and de-
| clined to approve her bill for that
| amount She rendered the services
and the only question in the case was
as to the amount to which she was en-
! titled Before the case was reached
| on the trial list it was settled ct re-
duced figure (s100) which was deemed
/ fair and reasonable