The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1920-04-29
stead of mo"

2. If the vale timber at the outlet
Of the sewer did not obstruct the pass
age of debris, etc, to such an extent
as to cause the alleged backhow from
the sewer, then the plaintiff has no
cause of action here against the city.
That is therefore vital issue in the
case. BY the answer to the second
question in the verdict, the jury found
upon that issue in plaintiffs favor.
1t is my opinion that there is no pre-
Ipondcrance of the credtable evidence
in favor of that finding insofar as it
relates to the situation on May 10th.
The court further states that it has
reached the conclusion that justice will
be promoted by setting aside the YER
diet and directing that there shall be a
new trial Of the action, upon the con
dtions set forth in the opinion;
% Denying each Of defendants
motions.
(2) Denying plaintiffs motion for a
new trial.
(3) Denying plaintiffs motions for
judgment in his favor,
Further that the order shall set
aside the verdict and direct new trial
if within FIVE (5) days after said order
shall be filed with the clerk, the de-
PENDANT shall cause the same to be
served upon plaintiffs attorneys and
within twenty (2O) days after the day
of filing shall pay the taxable costs as
a condition of a new trial, provided,
that within ten (O) days after service
of the order upon the attorney for the
defendant they shall cause the costs
and disbursements to be taxed Pro
yidcd further that after the taxation
of costs, if the amount shall not be
Ipaid by the defendant and on due
proof thereof plantitf may have judg-
ment for the full amount of Sl,lt4.69.
The decision further provides that
the order shall be prepared by the de-
PENDANTS (City) Attorney and served
within twenty (2O) days from the date
Of the decision; that failure on the part
of the City Attorney to prepare and
file and serve the order will entitle
plaintiff for judgment as is provided
for above.
That the costs and disbursements to
be paid will include only witness fees,
fees of the sheriff for subpoenaing
them, if any, and fees of the clerk for
issuing subpoenas, if any, and any dis
bursements made.
That pursuant to the direction con-
tanned in the decision Of the court |
have prepared an order which has been
approved and signed by the court and
which is in accordance with the drec-
tions contained in the said decision
and that the said order has been duly
served upon the plaintiffs attorneys all
as is required by said decisions,
The attorneys for the Plaintiff have
not as yet served the bin of costs and
the same therefore has not been taxed.
Respectfully submitted,
(Signed) f. l.. KELLEY,
City Attorney.
Claims for the witnesses in the Kri-
zanowski case amounting to $3.50 and
also claims for Appraisers and wit
ncSscs in the 2lst. Street condemnation
proceedings amounting to S2G495,
were referred to the Finance Commit
tee.
Chairman Thompson of the City
Hall Improvement Committee submit
ted plans and asked the Council to in
yestigatc them during recess
Mayor declared a recess of Is min
utes.
Moved and unanimously carried on
roll call to suspend the rules to take
up all matters on the table and allow
claims.
Committee to whom was referred
communication from the Chief of Po-
lice requesting the purchase of mo-
torcyclc, returned same with the fol
lowing recommendations
"Your Committee recommends the
purchase of a motorcycle for the use
of the Police Department and the Clerk
be authorized to advertise for bids as
Ipcr specifications furnished by the
Committee"
(Signed) JOSEPH RENOLlNSkN,
/ W. A. KAZDA,
G. II. THOMPSON.
Upon motion on roll cali Committees
report was unanimously accepted and
the report adopted. Ayes l3-Nays,
none.
Committee to whom was referred
resolution instructing Clerk to adyer-
tisc for bids on City Printing for the
ensuing year returned same recon-
mcnding its adoption. Upon motion on
roll call, Committees report was unani-
mously accepted and the resolution
adopted Ayes 13-Nays, none.
Committee to whom was referred pc
tition for water main on 10th Street
between Madison and Division Streets,
returned same recommending that it be
granted. Upon motion on roll call,
Committees report was unanimously