The sea coast echo. [volume] (Bay Saint Louis, Miss.) 1892-current, 1921-08-13

WATER PIPE CAP PROTRUD.
ING FROM CITY SIDEWALK
SUSTAINED FALL CAUSING
SICKNESS AND EXPENSE.
Mrs. Pauline Nessancon, resident
and property holder of Bay st. Louis
through her attorney, Emile J. Gex,
has filed suit in the Circuit Court of
Hancock County, Miss, against the
municipality of Bay st. Louis, in the
sum of $4,000. She "sues and de-
mands judgment for the said sum of
money and all COSTS"
The bill of complaint, filed with
the Circuit Clerk on August 4th,
AYERS that Mrs. Nessancon was walk
ing. on the sidewalk, in Main street,
on the Mendes property, when she
struck her foot over a water pipe
cap and fell. In falling, the bill of
complaint says, she fell with great
force as to injure herself, and by
| reason of fall, plaintiff has become
sick, sore, disordered for long time,
at a great cost for medicine and for
! doctor, and is injured permanently"
At meeting of the Board of
Mayor and Aldermen Saturday, an
order was passed to the effect that
Charles Sanger be officially notified
| of the filing of the damage suit, in
asmuch as the water works equip
ment is his personal property.
The accident, it is said, occurred
some months ago.
The Echo produces herewith a
copy Of the bill of complaint, as filed
with the Clerk of the Circuit Court,
and which is as follows:
"Mrs. Pauline Nessacon, plaintiff,
by her attorney complains of the
City of Bay st. Louis, a municipal
corporation situated in said (Han-
cock) county, and State of Missis-
sippi, defendants, in an action of
trespass, for that whereas, hereto
fore, to-wit, on the - day of -
-, A. D., 1921, the said de-
fendant was a municipality existing
under and by virtue of the charter
thereof granted by the legislature of
said State, and approved March 10Th
1886, and the acts amendatory there
of, and because it was the duty of
said defendant, under it's charter,
and the laws of the State to keep
and maintain all the said streets and
highways and sidewalks, near said
streets, within the corporation limits
of the said City, and particularly the
streets and sidewalk along the
street known as Main street, it being
one of the main thoroughfares in
said city, in safe and suitable con-
dition for travel thereon by person
or persons travelling thereon, either
on foot or in vehicle, yet the defen-
dant notwithstanding it's said duty
in the premises, on the day and year
aforesaid, and for long time prior
thereto, had so negligently and care
lessly, and in utter disregard of its
said duty to the public, and to the
plaintiff failed to perform it's said
duty of keeping and maintaining said
Main street sidewalk in a safe and
suitable condition for travel thereon,
that the said sidewalk along Main
street, near Second street, and in
front of the Mendes property, side
walk that is constantly used by the
public and one of the most Travelled
streets in Bay ST. Louis, the said
city permitted to remain in said side
walk a pipe or a part of the water
works of the City of Bay ST. Louis,
which pipe or material is what is
known as the plug that contained
the stop plug or method of connect
ing or disconnecting with the house
adjoining said street, that the pipe
or piece Of iron so described was per-
mitted to remain in the middle or
near the middle of the sidewalk, and
to project about three inches above
the surface of said sidewalk, and, In
addition to being this distance above
the surface of the ground, it had
slanting position, and slanting west.
that is, was not straight up and
down from the ground, but slanted
toward the west from the ground,
and in addition to this that the said
plug had a smooth surface from the
ground for few inches, and when
it reached the top of the plug, there
was cap so that anyone striking
the said plug, that is, one coming
| from the east in the direction OF the
| plug, and that persons foot would
strike the plug with toe, if the toe
struck it, would slide on this pipe un-
| til it hit the cap, and then foot
would be able to slide or go further,
being caught or entangled therein,
causing the person to strike said pipe
/ to be thrown or hurt, and your
| plaintiff would show that the said
| plug. or iron SO remained for several
! CONTINUED TO PAGE THREE.)