The Waterbury Democrat., 1939-12-12

"a Heoy ySuA AA VAAC AaeNkAAAAAs8 Va
the city's legal affairs is summarized
in the annual report Of Corpora
ton Counsel Timothy s. sullivan
which has been submitted to Mayor
Patrick M. Perriello ana the board
OF aldermen.
Mr.. Sullivan cites the increasing
number Of law suits against the city
for alleged detective sidewalks and
streets, settlement Of claims, work.
mems compensation cases, legisla-
tive matters, and changes In the
charter, collection Of accounts due
the city, and preparation Of opinions
and ordinances.
He urges that police make certain
that all ICY streets be sanoed, so
as to protect the city from Damage
claims, and recommends That the
mayor, superintendent Of streets,
ana corpola alton counsel should con-
fer frequently TO discuss methods Of
reducing sidewalk claims against the
city.
Corporation Counsel sullivan's re-
port follows.
The Hon. Patrick M. Perriello,
Mayor Of the City Of Waterbury,
Dear Sir
In compliance with the charter
I am submitting 10 you o report
OF the corporation counsei's from
Dec. 10, 1888, TO Dec. /, 1880.
Although I have been corpora
ton counsel only very short
time, am familiar enough with
the affairs OF the office 10 give
you q fairly good picture Of what
mas gone on the past IL months.
From the time tiat you became
mayor, you we'll know that your
own and the office OF the corpora
ton counsel have been very busy.
Highways
In the pas. year there have
been many SUITS against the city,
ARISING Ilom deteGGive sioeWalks
ana svIee,s. Eacn year the claims
seem TO increase ana that Is es-
pecially true wnen we have long
and severe winters. Although the
city u not liable IN damages Tor
injuries arising from snow and ice
aione, yet II can be held liable
II the injury Is caused by snow
and Ice together with O structural
aeiect. AT various times since
/ have been associated with the
corporation counsels Office, my
associates and myself have en-
deayored 10 impress upon our SUI
periors that " Is very essential
mat our sidewalks and streets
be kept as tree from defects as
possible. The big percentage Of
The actions against the Guy Is
the results oil fans on detective
Sidewalks or crossWalks. In view
OF the fact that Our courts are
rapidly assuming O different atti-
tuae on what rs known as gov
ernmental immunity, II Is more
important than ever that we do
our utmost TO use reasonable care
to keep our streets and sidewalks
reasonably safe for public travel.
Some years ago IL was a rare
thing for anyone TO bring O suit
against the city on the ground Of
nuisance. But causes OF action
on this ground have become very
numerous not only In Waterbury
but In the many other cities IN
the state. All kinds OF action are
brought on the ground OF nuisance
because under this allegation u
plaintiff has q wide latitude In
filing q complaint.
Because OF hiily streets and the
steep grades, II Is no easy task
keeping the sidewalks in good
condition, especially during the
winter. But we are OF the opinion
that with more careful supervision,
many OF the accidents would not
occur. I realize, Mr.. Mayor, that
you are much interested In this
phase OF city work. know that
you would like to have something
done TO decrease the number OF
sidewalk claims that are made
against the city every year. I am
OF the opinion that the mayor, the
superintendent OF streets and the
corporation counsel should meet
occasionally to discuss this sub
ject, and I am OF the firm belief
that much good would result from
these conferences.
As previously stated, many Of
the GAINS arise from snow and
Ice. The police department can
be big help by seeing to 1t that
the sidewalks are cleaned and
sanded. The head Of the police
department has cooperated with
our Office In the past, but I ask
you to impress upon him how
essential 1t Is to keep the side.
walks free OF Ice and snow.
Many property owners and ten
ants feel that they owe no duty
to the public after they remove
the snow from the sidewalks. They
rarely sand their walks. But 1t
Is the Ice that is allowed to res
main on the walk that generally
brings injury to the pedestrian.
The policemen should make every
effort to keep sidewalks well sand
ed. Well sanded sidewalks will
save the city thousands Of dollars.
Not many days ago a judgment
was given against the city be-
cause Of tree that was growing
on a sidewalk on Ridge street. The
tree was partly on land Of an adj
joining property owner and partly
on the sidewalk. The roots spread
ing under the sidewalk had caused
the surface of the walk to be-
come beth hollow and bunny.
The court, Notwithstanding the
evidence produced by the city, de-
cided that the walk was defec-
tive and that the city had not
used reasonable care to keep the
sidewalk reasonably safe for public
travel.
1t is not only well for our po-
licemen. but It would seem adj
visable that property owners them
selves should make It q point to
report such conditions as described
above. 30 that the park or street
department can take the proper