Omaha daily bee., 1909-05-04
Council Bluffs
REPORT OF CITY SOLICIl R
Nc Judgments for Personal Injuries
or Injuries to Property.
CASES SETTLED OUT OF COURT
HistOry of Litigation Involving City's
Interest During Year to he Pre-
sented to Council Meet
Ing Tonight.

According to the annual report of city
Solicitor Glen r. Kimball. which he Will
submit to the city council tonight, 10
judgments were rendered against the city
for personal injuries or injuries to prop
erty during the fiscal year which closed
March 81. After calling attention to
this satisfactory condition Of the mu-
nlcipal litigation, Mr.. Kimball says in
his report:
None of the foregoing cases have been
settled by anything paid at the expense
of the city. One claim against the city
has been settled before any suit was be-
gun. This was the claim of Mrs. A. ID.
Porter on account of injuries on a de-
fective sidewalk. There was abundant
evidence that the sidewalk was defective
and dangerous, and on examination ard
recommendation of the city physician the
judiciary committee was advised by the
city solicitor to settle the claim. which
was lone at an expenditure Of $3.50,
which, in my Judgment, was reasonable
and advisable. 1t will be observed that
the docket of cases against the city has
been largely cleared since my last report.
This has been done with very slight eN-
pense to the city, and the prospects are
that the judgment fund will not be drawn
upon very heavily during the next year.
rhe cases in which material controversies
are pending are being brought forward
and tried as speedily as possible
The following cases reported in April,
1908. as pending have been disposed vi,
as follows:
Walker Manufacturing company against
city; action for $4,000 damages for de-
fective fire apparatus; judgment for city
on demurrer; appealed to the supreme
court; appeal in the supreme court dis
Annie l.. Steinbaugh against city. action
for $4,000. personal Injury AMI death;
demurrer pleading statute of limitations
case stricken from the docket
Bcniamin-Fehr Real Estate company
against city; action to quiet title on spu-
cial assessments; decree in favor of city
william IL. Wood against city; action
to quiet title on various lots; action dis
: missed as to the city.
Kate w. Shaw against city: action t.
quiet title to various lots involving spe-
citl tax liens; case dismissed as to the
City against Illinois Central Railroad
company and Dubuque & Sioux City Rail.
road company; action in mandAmus to
| compel the erection and maintenance vi
automatic crossing gates; removed E.
1 the federal court: motion to remand cause
to state court peEding.
Mrs. Michael Mccarthy against city
action for personal injuries on sidewalk
$4,000; verdict for the city; still pcndint
stricken from the docket.
First National BANK OF Council Bluff.
against city. appeal from assessment by
Board of Review; awaiting trial.
Charles E. Carlisle against city; actor
for personal injuries for failure to fiji
sewer trench; l.. 4. Wickham and bonds
: man, party by CrosS-petition: LOCO dam
ages; verdict for city; motion for nc0
trial sustained, pending an appeal IRON
order sustaining motion for new trial.
The G. Is. Nash company against city
action in United States circuit court 20
Injunction restraining the issue of water
works bonds; cause on trial.
The following actions are pending:
Mary Hardy against city: personal In
jury to child, $1,000; similar case trieC
and verdict for city; will be dismissed
George M. Smalley against city; action
for injunction to restrain collection uide
water rate ordinance; temporary injunc
ton is dissolved case still pending II
federal court; will be dismissed.
Mrs. |. 9. Windsor against city, aCto,
for 81, 100 personal injury on sidewalk
not reached for trial; waiting the tdkini
of dispositions at Los Angeles. Cal.
Dubuque 4 Sioux city Railroad com
pany against city; action for injunction
to restrain collection Of light and waite
tax; judgment for plaintiff pending al
appeal in the supreme court.
Railroad company and Chicago & Grea
Western Railway company: action Il
mandamus to compel location and main
tenance of lights; LIGHTS have been fur
nished in accordance with requirement
of COMMITTEES of council; cause awaItinI
dismissal.
city against Chicago & Great Westerr
Railway company and Mason city 4
Fort Dodge Railroad company; action II
mandamus to compel erection and main
tion for removal to the federal cour
withdrawn case FOR trial.