The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1908-02-14
|SUIT FOR DAMAGES
CITY OF WAXAHACHIE MADE
DEFENDANT IN Personal
INJURY CLAIM.
FARMER IS PLAINTIFF
G. W. Madden Institutes Proceed
ings to Recover Damages in
the Sum of Two Thousand
Dollars.

Proceedings were instituted in the
district court Thursday afternoon by
Waxahachie to recover damages in
the sum of $4,000. The plaintiff is
a farmer who lives a few miles from
the city. The suit is based on an in
jury alleged to have been sustained
by the plaintiff while crossing a
bridge on Dunlap street on the four
teenth day of last December The
plaintiff AYERS that his leg was bro
ken by reason of the horse, which
he was riding, falling through the
bridge with him. The petition filed
by him in the district clerk Office is
in substance, as follows:
In the district court of Ellis coun-
ty, Texas, February term. 1908. To
the Hon District Court of Ellis
County State of Texas
Your petitioner, G.. w. Madden,
complaining of the city of Waxaha-
chic, would respectively represent
that plaintiff resides in the county
of Ellis, State of Texas. That de-
fendant city of WaXahachie is "a mu-
nicipal corporation situated in said
county, incorporated under the gen
eral laws of Texas providing for the
! incorporation of towns and cities of
more than 1000 and less than 10,-
| 600 inhabitants, and Perry S. Rob
ertson is mayor of said city and
Carroll Todd is secretary of said
city.
That under it's incorporation and
! the laws governing same, said city OF
| Waxahachie, at and prior to the time
hereinafter stated, had the control
! care and supervision of the streets,
alleys and bridges within the terri
| torial limits of said city, and under
the law was required to use ordin-
airy care to keep the same in repair
and in a reasonable safe condition
! for travel.
That heretofore, towit, on the 4tf
! day of December, A. D. 1907, and
| long prior thereto a certain bridge
on one of the streets of said city, to-
| wit, .on Dunlap street, being the
| bridge on said street near what i:
known as the old Peters gin, was BY
the carelessness and negligence o
the defendant, it's officers and agents
! whose duty it was to look after ant
keep same in repair, permitted tt
become out of repair and dangerou
and unsafe for travel; that sait
bridge at said time and for SOM
time prior thereto was permitted t.
have rotten planks in the floor o
said bridge, and holes in the foo
of same, making said bridge unsaf'
and dangerous to travel across
which said unsafe and dangerou
condition of said bridge was known
! to said defendant, it's officers, agents
and employees, whose duty it wa
! to keep same in repair, but the.
carelessly, negligently and wrong
fully failed and refused to repair
same.
| That on said 14th of December
1907, this plaintiff, not knowing
F.; anything about the unsafe and dan
gerous condition of said bridge, wa,
travelling along said street on horse
back and attempted to cross sale
bridge, when the forefeet of hi!
horse fell through said bridge ant
/ the horse fell over on plaintiffs LEI
and broke same.
That plaintiff suffered great pair
by reason of said broken leg and fol
eight days he was unable to walk a.
all; that thereafter plaintiff wa.
compelled to use crutches forty
eight days to get about; that plain
tiff at this time is unable to work
at his occupation, that of farmer
and will not for months be able te
work; that he suffered untold an
guish OF mind and pain of body fol
, many days and still suffers; that hi
not only suffered bodily, but suffered
great anguish and worry Of mind OF
account of his condition.
That plaintiffs loss of service