The citizen. (Honesdale, Pa.) 1908-1914, 1911-10-13
JOSEPH MENNER
BRINGS SUIT
For $4,000 Against the
Borough Of HOneSdaIe
FOR INJURIES RECEIVED WHEN
HE WAS THROWN FROM
WAGON JULY II.

suit was begun October 10 against
the borough of Honesdale by Joseph
Menner, through his attorney HON.
er Greene, ESQ.,, to recover $4,000
for damage sustained July II, 1911,
at Fifteenth and West streets, when
he was thrown from a wagon to the
ground, fracturing his shoulder and
sustaining severe internal injuries
which made him a cripple for life.
The plaintiffs statement declares
that this action is brought to recover
damages from the defendant, a mum
tcipal corporation of Wayne county
Pa, erected by virtue of the laws of
the Commonwealth of Pennsylvania.
Whereas 1t became the duty of the
said borough of Honesdale to build
and maintain it's public streets and
street crossings so that all persons
travelling thereon in a lawful manner
might do SO with safety to them
selves and their horses and vehicles;
yet so it is that the defendant above
named, by its officers, agents and
employees, so negligently construct
ed and mintained the public street
at the intersection of West street
and Fifteenth street in said borough
OF iHonesdale that it was on the
eleventh day of July, 1911, and had
been for a long time previous there
to, in an extremely dangerous and
menaclng condition for public trav-
el; the particular negligent condi-
tlon which led to the injuries herein
after complained of being a deep
ditch or gully extending across the
full width of Fifteenth street at the
point where it enters West street
from thp 1t; =.
to pass from Fifteenth street into
West street or vice versa, in any
vehicle drawn by a horse or horses
without great risk and danger to
life and limb of the person riding in
such vehicle, and risk and danger
to the vehicle and horses. And it
was so that the said plaintiff on the
eleventh day of July, 1911, at about
the hour of noon, while engaged in
his regular and lawful business, that
OF driving delivery wagon for
Menner and Company and while seat
ed IN said wagon and driving the
horses attached thereto on and
along said Fifteenth street, ap-
preached the said West street from
the east, nd in crossing the deep
ditch or gully hereinbefore referred
to, the jar or shock occasioned by
such crossing caused the wheel or
Wheels OF the wagon to break and
collapse and the wagon to suddenly
overturn, throwing the plaintiff yio-
lently to the ground, causing a frac-
ture of his shoulder and other
bones, the tear ig, bruising and cut
ting of his u scles and flesh, and
occasing 9th grievous bodily in
Juries from hich he. has suffered
from that to the present and
still contir TO suffer so long as he
lives.
And the plaintff AYERS that his said
injuries were wholly due to the neg
ligence of the said defendant, its
offlcers, agents and employees in con-
structing and maintaining the ditch
or gully aforesaid in such a negli-
gent and dangerous manner.
And the plaintiff further SAYS that
by reason of said injuries he has
become permanently crippled and
disabled, and his earning power is
entirely destroyed for the remainder
OF MS lie; that he has suffered and
must continue to suffer during his
lifetime great pain and inconveni-
ence, that he has been compelled to
spend a large amount of money for
surgical and medical attendance and
nursing and medicines, viz. the sum
of $500 besides being subject to
other loss and injury. All of which
is to the damage of the plaintiff the
sum of Sc 900, to recover which
from the defendant he brings this
suit.