The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-09-25
Mrs. Frank Flanagan Starts An
Action Against the City.
RAILROAD ALSO Defendant
LItisat Grows Out Of the Fever Ep.
idemie; Facts Set Forth In the
Plaintiffs Complaint.
From Fridays Daily. !

| "S LAM W
The city is .aS~ Inst litigation
growing out of\~ typhoid fever cpl
demic The first damage suit was
filed today against the city of Man
kato and the Milwaukee railway com.
pany jointly. The sum of 5000 is
asked for the life of the late Frank
Flanagan. The action will doubtless
be in the nature of test case, and
will doubtless go to the supreme court,
whichever side wins in the district
court. In case Judgment is finally
secured, undoubtedly the city will
be swamped with litigation. The city
is right now at an important juncture
in its history, and the outcome of the
suit commenced today will be awaited
with deep interest by the tax payers.
Sues fir $4,000
Mrs. Kate Flanagan, as administra.
trix of the estate of the late Frank r.
Flanagan, her husband, has commence
ed an action in the district court of
Blue Earth county against the city of
Mankato and the Chicago, Milwaukee
& St. Paul railway company, jointly,
to recover $4,000 damages because of
the death of the deceased, taking the
ground that his death was due to the
carelessness and negligence Jointly of
the city and the railway company in
allowing the Washington street storm
sewer to become blocked, thus causing
sewage and other filth to back up into
the city water supply and polluting
the latter and filling it with germs of
typhoid, malaria and other diseases.
What the Complaint Recites.
The complaint recites that the city
of Mankato is engaged in the bust
ness of distributing and furnishing
water to its citizens and to the pub
lie generally, for domestic use and
other purposes, for charge and valu-
able consideration. It has water
system for the purpose, maintained and
operated by the city. 1t also has a
sewer system, and a sewer and drain
on Washington streets. The complaint
says that in the spring and summer of
The present year the railway company
carelessly and recklessly
illed and obstructed the said Washing
ON street sewer and drain and outlet,
md broke down the same, so that it
became filed with filth and sewage
large quantities of germs of
typhoid fever, malaria and other dis
Eases, and allowed the contents to flow
back into the city well on Washington
street and saturate the water thereof.
The complaint says that the city neg
igently and recklessly allowed this
polluted water to be drawn into the
water mains and distributed and
mingled generally with the water
throughout the waterworks system,
whereby all of the water became sat.
Irated with sewage and filth from the
treets and other filthy, improper and
poisonous substances. The water con-
equently became highly dangerous for
Domestic use and human consumption
nd liable to communicate typhoid and
ther diseases to any persons using it.
The complaint says that on July l
asst Mr.. Flanagan drang large guam
ity of this polluted water and con-
racted typhoid fever and died Aug.
. Therefore, the plaintiff asks for ST.
90 damages.
The attorneys for the plaintiff are
'hris Carlson of this city and Dunn Sc
;arlson of Albert Lea.
Sheriff Donahue this forenoon served
opies of the complaint upon the rail
DAD company and Mayor Andrews.