New Britain herald., 1929-05-25
BELv|DERE CLAIMS
 REMAIN UNSETTLED
Committee to Have Final Hear.
 ing on June '

Claims or belV1dere residents Tor compensation for damage to their property on February ! when Com monwealth avenue and adjacent streets were flooded during 2 storm, were again under consideration by the claims committee of the com- mon council last night, but no ac- tion was taken. Corporation Coup- sel J. H. Kirkham advised the com- mftitee as he has done before, that in his opinion no court would hold the city liable in the cases in ques- tion, but he felt 1t advisable to make settlements with the claim ants from the standpoint of avoid ing possible litigation and also be- cause of the possible presence of 8 moral obligation on the part of the city to help relieve the property owners who suffered losses through no fault of their own.
 Attorney William F. Curtin, who Is a member of the committee as 2 third ward councilman, was called on by the corporation counsel to express his views and he replied that he could see no legal liability on the part of the city for the req son that there was no duty on the part of the city to keep the entrance to the storm water sewer clear of debris, the culvert which became blocked being on private property. Furthermore. he said, some of the items in the claims were unreason- able and should be ignored.
 Corporation Counsel Kirkham said the law did not oblige municipali- ties to keep water courses free from obstructions or be liable for failure to do 70, except as relates to the portions of streams passing through the highways. In other words, he said. streams on private property might become obstructed and cause property damage but the city would not be liable. The claims in quess ton have 8 nuisance value similar to that of claims against public service corporations and Judge Kirkham favored settling them or that theory.
 Conl0a Would Sift Claims
 Councilman F. l.. Conlon, a mem- Der of the committee, was asked by the corporation counsel to give the committee his views as he is . for- mer chairman of the board of pub lie works and probably the most experienced council member because of his long service in the council and on city commissions. He said he favored taking up each claim separately and making some sort of settlement. Unreasonable items. such as $50 for damage to a cement-cel- lar. should be thrown out, he said.
 Councilman w. w. Greene fav- pred this action, and added that he madc an inspection of the property of some of the claimants shortly after the flood and found that there was some damage. Canned pre- serves, which several claimants said were destroyed, should not be paid for. in his opinion, as it was evident That they were not destroyed. Coun- cilman Curtin also spoke against paying for preserves. pointing out that the jars were air and water tight and the water and debris could have soiled the jars themselves without damaging the contents.
 Will Meet June
 After other members of the com- mittee expressed their views in a similar vein. it was decided to meet Friday evening. June '. and con- slider all the claims. after which 3 decision will be made as to whether or not the committee will recom- mend settlements, and if 50, on what basis.
 During the hearing. City Engineer P. A. Merriam told the committee about the storm and the flood and described measures that were taken to alleviate conditions. In reply to Corporation Counsel Kirkhan. he said it was difficult to say positively whether or not the storm water sewer was large enough to have carried all the water into 1t had the culvert at the mouth of the sewer