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Must Pay Damages

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Parent Issue
Day
19
Month
May
Year
1899
Copyright
Public Domain
OCR Text

The Corey case against the city was contiuued in the circuit court Friday ïnorning. William Geike was the first wituess sworn t'or the plaintiff. He is a student and at the time of the aocident to Sliss Coreyjwas rooming near he place of the ice formation on which she feil. He swore the ice was very slippery and glary. Many pedes;rians passed aronnd the place. He lad seen several people fall there, his 'oommate ainong the nuruber. George Bliss was then caUed to the stand by the defeuse. He swore that je was a baggageman on the Michigan Central, that he takes his meals at his mother's, and on the morning of the accident to Miss Corey, on his way to lis breafkast, he discovered a hydrant open in au adjoining yai'd and went into the yard and tnrued off the water. .This was about 4 o'clock in the morniug. He swore there was no more ice at the point where the accident occurred than at otner places on the walk. It was very slippery all the way. He had to hang to the fenee in frout of the Markley place to avoid talling. Mr. Neivman, of Marqnette, f ormerly a clerk for Goodspeed Bros. , was nxt called. He said the hydraut was never left open and it was not open on the morning of the 4th of Feb. 1898, at 7 o'clock in the mormng. loe which had formed froin the hydrant to the street indicated, however, that it had been open at some time during the night. He swore tbat he spnnkled ashes on the ice on Friday morning, the morniag of the day on which Miss Corey was hnrt. Prol. Hall from the observatory was called for the purpose of establishing from his records what the condition of the weather was on the 4th of Feb. '98, and foi the few days iminediately preceeding. According to his reports it was several degrees below zero on the first but there was a gradual rise of the ruercury nntil the eveniug of the fourth when it was at the freezing point. The evidence of the plaintiff was here read. She swore that at the time she was injured she was in perfect health and was earning from 40 to f45 a ïnonth. She called Dr. Hartly on the mhofFeb. aud ou the 17th., Dr. Darling who has been in attendance npon her since. When she feil she struck npon her spine aud the back of her head. Hurt to spine made the lower part of her body helpless, had no use of her limbs aud feet. Her head besan to recover from the iiijury about March 20th but was not free forni pain until long in snmrner. Is uever free form pain iu legs aud feet. Is entdrely helpless except as to things within reach of her hands. Upper part of body froin point of injury to spine, strong. Had a special chair made but haa never been able to use it, tonching her feet to the rest caused her pain. Dnriug the time from her injory to now she has been cared for by her mother and a married sister. This afternoon Dr. Darling was called to the stand. He testified to having attended Miss Corey from the 18th of Feb. 1898. He testified to the seriousness of her injuries and said she had suffered much pain. Could not say as to the degree of permanency of herj injuries. Said he had presented no4bill for professional services. His billjWas probably $160. At this poiut Mr. Lawrence of council for defense made a rnotion, ot requested tbe court to take the case from the jury on the ground of the non-liblity of the city. The jndge thereupon asked the plaintiff's attorneys to state their position which was done by Mr. Lehman. He said in brief that the claim for damage from the city was based upon the fact that the dangerous condition of the walk at the point where the accident occurred was not due to natural causes but the ice which made the walk dangerons was due wholly to artifical causes. It was the city's duty therefor to remove the conditions which made the walk dangerous in a reasonable time which it had not done. Mr. Butterfleld for the defense then eutered upon a long argument from a type-written brief, citing various cases to sustain his argument. He argued that all liability upon monicipalities from detective highways and sidewalks came forma statute passed in 1879. He contended that this law did not make municipalities liable for damages in cases like one at bar. The decisions of the supreine conrt were also all against the contention of the plaintiff. He cited various decisions of tbe court in substautiatiou of his position. He claimed that if there be any liability attaching to anyone in cases like the one at bar, it would Jie against the abuttiug propertv. Friday night about 5 o'clock the case of Ratie E. Corey vs The City of Anu Arbor, was given to the jury. Imruediately after the close of the arguments of the attorneys Judge Kinne charged the jury and sent the 12 good men and true to their room to wrestle with tne question whether the city was responsible for the injury to Miss Corey. The jury was out less than half an hour, when word was sent in that a verdict had been reached. The members then flled in and took their places and tbe foreman announced that they had agreed on a verdict of 5,000 for the plaintiff. The verdict was not a surprise to most of those who had followed the case closely. It was feit that if the case reached the jury, the plaintiff would receive danrages. Appareufciy the question involved was one of law and when the court decided the case should go to the jury a verdict against the city seemed certaiu. , It is understood tüe case will be taken to the supreme court although no motion has as vet been made by the attorneys for the city.