Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-01-04
$500 TO SETTLE
A $4,000 SUIT
Rock Island City Council Com
promises With Monroe
Gingles.
HAD BEEN TWICE TRIED
Both Juries Award Plaintiff Damages
for Injuries Received in Falling
in Street Excavation.

+ Monroe Gtngles' $4,000 personal in
jury suit against the city of Rock ISL
and was settled by the city council at
its meeting last evening for $500. The
case was set for third trial in the
Circuit court tomorrow morning, and
since two former juries had decided
that the PLAINTIFF was entitled to dam
ages, the council agreed that the pro-
position OF his attorneys was reasona-
BILE and would be the cheapest course
for the municipality to adopt. H. NJ.
McCaskrin and G. C. Wenger appeared
at the meeting as counsel for Gingles.
/ The accident which was the founda-
t1on Of the litigation occurred at Fourth
avenue and Ninth street eight years
ago. Thomas Rosenfield the present
plumbing inspector, was engaged in
business for himself at that time. At
the point referred to he had dug an ex-
cavation in the street to make water
connection. Gfngles, in coming from
South Rock Island, where he resides,
at night, did not know that there was
an opening in the street, and there not
being any danger lights placed there,
$50 1t was charged. he drove into the
excav~-'pn. 1t is claimed that he has
Sine en- an invalid as a result of
the inJ es he received.
Appellate Court Sustains
At the first trial he was awarded a
verdict Of $780, On the second trial
the Jury raised the amount to $3.50.
The city carried the case to the ap-
pellate court, and there the verdict
was sustained. The city then went
to the supreme court, and that body
reversed and remanded, reaching its
decision on technical error in the In
structions to the fury. Mr.. Rosenfeld
In the meantime had been dismissed
as defendant, and the whole action
was directed at the municipality.
In the discussion of the matter be-
fore the council last evening Mr.. Ro-
senf1eld volunteered TO assume $50 Of
the amount which Gingles was willing
to accept IN settlement Therefore the
city VIII pay $3.50.
Funds Are Exhausted.
The health fund being exhausted,
the council was powerless to allow
the semimonthly salaries of the at
taches of that department, amounting
To $142.50. The finance and health
committees were charged with the re-
sponsibtlity Of raising money to meet
these obligations. 1t was reported that
the Seventh ward sidewalk fund was
exhausted also. A bill of So charged
against that fund was assumed by P.
+. Treukenschuh, the contractor.
Filter Contract Received.
The clerk announced the receipt of
the signed contract from the Pittsburg
Filter Manufacturing company for the
installation Of the new mechanical fl
tration plant In Reservoir park. It was
accompanied by bond to the city in
the sum Of $4,000, with the Fidelity
& Deposit company of Maryland as
surety. The contract and bond will be
investigated by the city attorney and
will come up for final acceptance at
the next meeting of the council The
Pittsburg concern plans to begin work
on the new plant in March, and prom
Use to have it completed by August.
Reports OF Paving Rebates.
City Engineer Wallace e. Treichler
reported that there is coming to the
city and property holders a paving
rebate on Fourteenth avenue of
S7o3.o9 from the TrtCity Railway COM
pany. OF this amount S151.2s is due
the city and s55767 is due the property
holders, who were assessed for the
Improvement originally. Upon the rec
fermentation OF Alderman Ellinwood
the report was referred to the alder
men of the Seventh ward. The inter
ested property holders Of the ward are
to hold meeting at an early date, at
which It is understood they will vote
to have their portion Of the rebate
placed to the credit of the Seventh
ward park fund.
RabcOck Heirs Receive $1,000.
The council ordered the payment to
The heirs of Timothy A. Babcock of
the $1,000 received from the Burling-
ton road for the occupancy with its
tracks OF a portion OF First avenue be-
tween Twenty.thirti and Twenty-fourth
streets. The heirs, among whom the
money win be divided, are Jane B.
Dodge, Frank Babcook, Willimena
Baumbach and Bertha B. Murrisen,
children of the late Timothy a. Bah
cock A bond In the sum OF $1,000
was given 20 the city to protect it
against any possible future suit should
pehera come forward as claimants for
the money. The payment to the heirs
by the city of the $1,000 was made a
condition CT the transfer of the prop
arty to the city by Timothy A Bah