The Dickinson press., 1908-08-08
s4,o!o!!!!0. ! SUIT I!
Against 4tg City i. Action Brought
4. by Paul Hagerman for Injury
to His Son. Regular Council
Meeting Held Monday night.

Meeting Held Monday night.
The city council learned Monday night,
at their regular monthly meeting, that a
suit to recover $4,000 damages. had been
initiated. &C. Hagerman is the plain
tiff, and brings the action on account of
his three-year's old son, Harry, who; on
the 2oth of June, fell into an opening in
the side walk on the north side of the
Simpson-Burnett building on the corner
" OF Sims and Oakes streets, and broke
his leg. Mcbride & Baker appear as
attorneys in the case. ..':''.r..s
Aldermen w. L. Richards, R. H.
Johnson, Fred Turner, ]. R. Stewart and
CA. Tear, were present. and, as guar
dians of the city's welfare, they were
quite little interested in this action. L.
A. Simpson, city attorney and half owner
of the premises where the accident took
place, was also present
This building is occupied by Harleman
e Scott and the Dickinson Heating &
Plumbing Co. Berringer Bros, tempo
rarily occupying portion of the street
north of the premises in question, also
share with Harleman & Scott in the use
OF the cellar, outside entrance being
effected through an opening in the
middle Of the. side walk. Old wooden
trap doors are used, and on the day
when the little boy met with the accident,
the doors were open.
MIR. Simpson, as advising attorney,
told the councilmen that the city had
nothing to fear, as it was seemingly
through the carelessness of some of the
parties using the basement that the boy
was injured and as they all were respon-
sible parties, the rightful damage would
be paid. The impression left was that it
was merely question of finding out who
rightfully should pay the damage.
Mr.. Simpson did not say what would
happen in the event that it could not be
shown who was responsible for the un-
guarded opening in the side walk. 1t is
certain that Mr.. Hagerman can recover
damages and it is just as certain that the
) city has no business to permit places of
this kind in the side walks.
Arthur Tollefson wanted the grade
r changed in block and on motion of
Alderman Johnson the city engineer, w.
R. Veigel, was instructed to see if the
. grade could not be lowered about II
j, inches in the center of the block. The
trouble seems to be that when the
Tollefson house nearest the Fuller barn
was erected it was set too low. The
{. Fuller barn is high and dry and the
5 new Tollefson house is set according to
!, the established grade, .G n
c. H. Wiley wants to raise the lean-to
of his house and enlarge it somewhat
Y and finds that he is within the fire limits.
He offered to protect his neighbors by
the use of brick on two walls, and the
councilmen, unoficially, told him that if
those adjoining him did not complain, he
would not likely be hindered in making
the proposed improvement.
Supt. VIM. Littlehales made favor
able report on city wells, which was fully
covered in these columns last week. In
this connection R. H. Johnson was asked
what price he would make the city for
the four acres on which the new wells
are located. He stated that his price
would be $500, or he would give the city
the use of the land as long as he retained
it, said city to have the first chance to
buy. The councilmen thought the $500
offer very reasonable, and Mr.. Johnson
made it still better by saying that the
offer was good to the city for any reason
able length of time, or until there had
been time to thoroughly test the wells.
It was suggested that this was another
ideal spot for small city park.
The city owns the land on which the
tower stands and where the first we'll was
sunk. y $s.
Supt. Littlehales reported that several
parties, constructing new buildings, were
in the habit of tapping mains and using
city water without any authority. 1t was
voted that parties must first procure per-
mits from Mr.. Littlehales and that meters
must be installed before any water was
used.
Alderman Turner reported that grad
ing on Broadway in South Dickinson was
progressing we'll.
]. S. White, city treasurer, reported
for July:
RECEIPTS
Cash on hand July $11, ,712 81
Sewer connections. Observation-Disclosures. AIS e3
Licenses. ........................... 165 90
Water rents. ................ ............ 381 rs
Fines from Judge van der Las 1,0OS Is
Dakota Bank. interest. Is O3
First National Bank. interest. Al 23