The record. [volume] (St. Maries, Idaho) 1913-1918, 1914-12-15
Jury Awards $500
Damages Against City
PERSONAL INJURIES BY MRS. BEATON
Injured In Fall On Defective Sidewalk In Govern
ment TOwnSte

The case of Anna Beaton and
John Beaton against the City OF
st. Maries to recover damages
for alleged personal injuries suf-
fered by Anna Beaton because or
a fall, the result Of a defective
sidewalk in the Government
Townsite, was tried in the Dist
rict Court at Occur d'Alene begin
ming Wednesday and ending Fri
day last week. The case went
to the jury at 1880 P M. Friday
and at 900 p. M. the jury re-
turned a verdict against the city
for the sum of $5,tOO.OO.
On December oath, 1913, the
plaintiff, Anna Beaton, fell in
front of lot in block AZ of the
Government Townsite and suf-
fered a self setting dislocation OF
the shoulder. Two boards were
broken at the place of the alleg-
ed fall and this defect in the
sidewalk the plaintiff claimed,
caused the accident Soon after
the accident the matter was
brought to the attention of the
council by Councilman Biteman,
who advised the city to settle for
small amount to pay the doc
tor bills of the patient and costs
Of a nurse. Mayor Mulcahy re-
fused to consider the matter and
refused settlement on any terms.
Unable to get a small allowance
for doctor and nurse care and
after repeated offers of settle
ment, all of which were refused
by the mayor and council, the
matter was placed in the hands
of VIM. d. Keeton and John p.
Gray and suit instituted to recov-
er Si2,500.0O. The council, with
the exception of one or two mem
bers, regarded the bringing Of
the suit as a huge joke, and open
ly asserted that the city would
not pay one cent. City Attorney
Hull did not look upon it as a
joke but told the council that it
was a serious matter.
Taxpayers and some Of the
councilmen realized the serious
ness Of the matter and advised
settlement. After the bringing
of the action no one with the
proper authority ever offered the
plaintiffs a settlement of any
consequence or that could be
properly considered. After sew
eral delays the case was brought
on for hearing last Wednesday
Taylor & Hull and Mcfarland &
Mcfarland appeared for the city
and VIM. d. Keeton and John p.
Gray appeared for the plaintiffs.
The defense interpOsed three
defences: list. That the Govern
ment Townsite was not a part OF
the city of st. Maries and thai
the council of the city had nc
control over it, and that the same
had never been properly taken in
20 the city limits. 2nd. Thai
the accident did not occur at the
place alleged by the plaintiff
3rd. That the plaintiff was moi
injured and that the pretended in
juries were simply trumped up
The plaintiff took up the three
defences in order and disposed
of them all with prompt regular
ity and dispatch.
Chas. R. Schultz was first call.
cd to identify the books of th'
city and this being done, ordin.
ance after ordinance and pro.
ceeding after proceeding in whicl
the council had exercised contro
over the Townsite were placed il
evidence. The ordinance, No. 9
taking in the Townsite, was pu
in evidence. The ordinance pro
viding for the construction of tn
side walk in question was place
before the jury. The Judge too
this phase of the case from tn
Jury and instructed them as
matter of law that the Townsit
was a part of the city and tina
the council of st. Maries was re
sponsible for the condition of tn