Little Falls herald., 1914-09-04
MARSHALL MATTER UNDECIDED
COURSE OF PROCEDURE MAY BE,
SUGGESTED BY COMMITTEE
FROM COUNCIL

/ The city cOunc1l met In adJOurned
special session at the city hall Mon
day evening, Aldermen Geo. Peterson,
H. Peterson, Newman, Blake, Moeglein
and Bell being present. Vice Presi-
dent Moeglein acted as chairman pro
tempore in the absence of President
Hall.
City Attorney A. H. Vernon inform
ed the council that the city has been
denied new trial of the Marshall
case in district court and that a stay
of Is days is allowed before Judgment
is entered. This gives the city 80 days
in which to appeal the case to the
state supreme court or to make a set
Element. The city attorney stated that
Judge Parsons, who presided over dis
trict court at the time the case was
tried, stated that the verdict was very
fair.
The city attorney informed the
council that the sum of $50 has al
ready been expended for transcript
Of Judgment in making the appeal for
new trial. In order to carry the case
to the supreme court at least another
$3.50 to 5000 would have to be expend-
ed. He was asked by Alderman New
man whether the cost Of appealing the
case would be well expended. The city
attorney stated that the only value Of
making the appeal would be in giving
incentive to the police force and street
commissioner Of the city to report de-
fects in walks, etc. The chance Of the
city's winning the case in supreme
court is one out Of ten, he said.
As most of the aldermen who were
present at the meeting took office af-
ter the Marshall case had been tried
in court, they were not thoroughly
familiar with the circumstances and
asked for an explanation. Tney were
informed that the city had chance
to settle for $3.50, but that it was
thought that the city was lot liable
for the accident and the council de-
cided to carry the case through the
courts to ascertain as to who IS liable
in such cases.
The city attorney stated that if the
case would be appealed it would de-
termine whether the Water Power COM
pany can be compelled to put In SER
vice pipes at their own expense.
The city attorney was asked if it
would be possible to get the Water
Power company to pay one-half OF the
damages. He informed the council
that they had been approached at the
time Mrs. Marshall offered to settle
for $3.50, and that they refused to pay
any part of it, contending that the city
was not liable. According to their ac-
tion at that time, it would not seem
possible that they would do anything
at this time on sum which is more
than double the amount Mrs. Marshall
offered to settle for. He stated that an
attempt could be made to get the com.
panv to pay a part Of the amount and
inform them that if they would not
agree to a compromise Of that kind
that the case would carried into the
state supreme court.
After a short discussion by the mem
bers Alderman Newman moved that
the chairman be authorized to appoint
a committee of three to act with the
city attorney in communicating with
Mrs. Marshall and see what can be
done in the matter. The motion was
carried and Alderman Geo. Peterson,
Newman and Hall were appointed on
the committee. The regular monthly
meeting, which is scheduled for next
Monday night, may be, adjourned to a
later date on account Of Monday being
legal holiday, and the committee may
be ready to report by that time.
Upon suggestion Of Alderman New.
man the councilmen authorized Chief
Fire Warden Geo. w. Emder to notify
w. H. Loomis that the shed which
stands back Of the Loomis livery barn,
and which was visited by fire recently,
must be razed. This matter did not
90 on record as transaction at the
meeting as the session was an adjourn
ed special one, and nothing but the
business stipulated in the call could
be taken up.
ALLAN BLANCHARD INJURED
Allan Blanchard of Swan River was