Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-10-08
.LEARY SUIT COSTS CITY $4,000
Insurance Company Offers to
Pay Small Part of Amount.
Other Claims Considered mt Regular
Monthly Meeting of Board Of Al
dcrmen--Many Mig Hills Or
dercd raid.

Considerable business OF routine
nautre was taken up at Monday night
meeting of the board Of aldermen in
regular monthly session, and there were
several reports from City Attorney n.
L. Sherman on matters recently referred
to him for opinion DR. L. E Nc
Sweeney of the board of charities also
appeared before the aldermen on the
question Of increased facilities for the
poor farm Several of the matters talk
ed over will come up again at another
meeting Of the board. to be held next
Monday evening.
One of the most important questions
before the board came up in connec-
ton with the Leary case, the suit that
was brought against the city some time
ago to recover for the death of j. y.
Ieary who 1t was claimed, died from
the effects of receiving an electric shock
from n municipal plant wire. The adj
rninistrator who brought suit against
the city of Burlington won the case and
recently the city made Il settlement. The
city was insured against loss in the
operation of the municipal plant with
the Employers Liability Assurance Cor
poration, but the company denied
liability on the grounds that it had not
been properly notified at the time of
the autopsy in an investigation of the
manner of Mr. Learys death Settle
ment Of the suit, attorney and witness
fees have cost the city about 5000. Last
evening City Attorney Sherman called
the attention OF the board to the fact
that the settlement had been made in
the case and that the Employers
Liability Corporation, although disclaim-
ing liability. had offered to pay the sum
of sl,75o towards the adjustment.
In the opinion of the city at
torney this sum is too small and
he asked instructions from the board
as to whether he should proceed in bring
ing suit against the company or not as
suit must be brought. if so ordered, with
in 90 days. Some Of the aldermen were
inclined to settle the matter at once by
accepting the company's offer but It was
finally decided to let the question go until
next Monday evening, when NJ. c. Lcary'
who was city attorney at the time OF the
death of ]. A. Leary and was also ac-
tive as counsel in the trial of the case
against the city, Will he asked to come
before the board and give the members
such information as 1t may he proper for
them to know on the advisability Of bring
ing suit or not.
THE ASHLAND CLAIM.
The city attorney reported on the claim
Of E. A. Ashland against the city, Mr..
Ashland having notified the aldermen
come time ago that he would hold the
city liable for n serious accident to Mrs.
Ashland, who was injured last winter by
a. fall on an icy sidewalk on Winooski
utNJ
IN his opinion the city was not liable,
adding that the care OF the streets is
governmental function for which no la
bility Is imposed upon the city except by
statute in the case of bridges, etc.
SUIT AGAINST THE CITY.
The city attorney reported that the
Burlington Light b Power company had
brought n suit against the city for s2,122.9o
and interest. This suit is based on a
contract between the city and the COM
pany drawn In December of 1904 and Is a
claim for use of adjustments OF cross
arms, fixtures and wires to poles owned
and occupied by the plaintiff. The suit
covers the years Of 1910, 1911, 1912 and 1918.
The communication was received and or
dered placed on file.
ON THE JARVIS BILL
Another report from the city attorney
was on the bin from the Jarvis Palace
Garage for $50 during "Clean Up, Paint
Up" week, The city attorney reported that
the question before him was whether 1t
was proper for the city to pay this bill and
had reference principally to whether
the Jarvis garage and it's mode OF doing
business was subject TO the ordinances
Of the city. The report added that
suit is now pending In city court against
the Jarvis company which involves the
question and the city in conducting the
prosecution Is taking the stand that the !
ordinance does apply
The city attorney also asked for adj |
vice about three eJectment suits brought
by the city against the Baldwin Refrig-
orator company, George Saiger and Dan
lei Mansour, the cases now being set
10 county court at the present term