HomeMy WebLinkAbout1933-04-13 Law Committee Minutes April 14, 1933
A meeting of the Law Committee was called at 8:30 P.M.
in the Committee Room adjoining the Selectmenfs Office. There
were present Albert N. Leman, Harold W. Putnam, Arthur W.
Coolidge, Arthur S. Cook, Henry R. Johnson and E. M. Halligan.
Mr. Harold W. Putnam was elected Secretary of the
Committee for the ensuing year. Mr. Sam H. Davis was nominated
Town Counsel and unanimously elected.
Mr. Davis then presented detailed descriptions of the
various claims as follows:
E. W. Fowler, committee voted to authorize the Town Counsel
to make a settlement fare sum not exceeding $29.50
John Paliafito, committee voted to authorize the Town Counsel
— to make a settlement for a sum not exceeding $5.00
Charles Russell, committee voted to authorize the Town Counsel
,1 to make a settlement for a sum not exceeding $5.00
R. W. Judkins, committee voted to authorize the Town Counsel
to make a settlement for a sum not exceeding $9.00
Hattie Copeland, case continued
Lorraine Powers, case continued
Jane Roseman, case continued
Crescent 011 Company, case continued
Meeting adjourned at 8:45 P.M.
Mr. Albert i;. Leman, JhairmaR,
Law Committee. April 14, 1033•
Committee to settle the case for this amount , provided it becomes
necessary to do so. The case has not been reached for trial and I
may be able to make a better arrangement Por settlement but would
li'.e to have authority to carry out a settlement for a sum not ex-
ceeding the y29.5 .
A claim has been made against the Toi.m 1;y one, John
Tuliafito, 12 Stewart Street, Lynn, for damage to his 'ord true:.
This accident occurred in IVialden on Iiovember 7, 15'.32, in which the
compressor truck ocmed by the Town, collided with the automobile
truck of the claimant damaging the front left fender. ^.he ford
truck was standing still at the time of the collision. This is a
case where there is no liability on the part of the Town but the
driver of the compressor would undoubtedly be held liable for the
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damage sustained . I thin., this case could be settled Por i5.00,
if the Committee feels they would like to protect the employee of
the " own in this: case.
I,ir. Barry Sussell, 211 Green Street, -�eadin[;., has
made a claim against the ".olm as the result of an accident which
occurred on Crove Street on ebruary 11, 1936, in which a truck
owned by the Town, while plowing snow, damaged Mr. -tussell` s oar
to the extent of j5.G0. This is a case v;here there is no liability
on the part of the Town but the driver of the highway truck is
responsible for this accident. If the Committee feels that liability
of the driver should be assumed by the Town in this case, the claim
can be settled for -.;¢5.00.
4 On November 17, 1952, an accident occurred in -lead-
- ing Square in which a car owned by Mr. lchard W. Judkins, of
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Ls. Albert i.. Leman, Chairman,
Law Committee. April 14, 1933.
Arlington, was dams.ged by reason of a collision with a Highway truck
owned by the Town. The damage to the claimant' s auto was .�9.G0.
This is another case -mere there is no liability on the part of the
Town and I have so notified the claimant. However , it would appear
from the facts which I have relatin<l to the accident, that there is
liability on the part of the driver of the Town truck. If the
Jormittee feels that this liability should be assumed by the Tovm,
I should like to have authority to settle the claim.
Hattie S. Copeland, of 3eadinr:', has made a claim
against the Town as the result of an accident wideb. occurred on
June 6,. 1332, on the easterly sine of Main Street in front of the
.leading Inn. It is claimed that L"•rs. Copeland fell on the sidewalk
by reason of rough sand and tiny pebbles which were placed on the
sidewalk from a trench which was opened inthe street at the time of
the accident, sustaining a fracture of the radius bone in her left
forearm and other minor injuries. I have had Lire. Copeland examined
by a physician and have taken all the necessary steps to protect
the interests of the Town. -he liability of the Town in this case
is somewhat remote. I am not prepared at the present time to make
any recommendation with reference to settl agent as I have been ne-
gotiating with the attorney aid have not secured a proper 2igare
which I could submit to the Committee for consideration.
There is a claim made by Dr. James H. Powers pending
against the Torn which has not been previously reported to your
Committee. This claim is made by Dr. Powers in behalf of his minor
daughter, Lorraine C. Powers, as the result of an accident which
occurred on July 26, 1932, at the Southwesterly corner of Main
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L's. Albert ]t'. Leman, `;hairmai,
L Law Committee. April li, 1933 .
and Haven Streets. Lorraine Powers was running stress the street
and fell, sustaining injuries to her right leg. I have had her
examined by a physician and have had photographs taken of the
scene of the accident and interviewed the witnesses aid have taken
all necessary steps for the protection of the -own. I do not feel
that there is any liability on the part of the Town for this accident
and make no recommendation with reference to settlement at this time .
A recent claim has been made by June lossman, of
3eadinr_, as the result of an accident which occurred on February 13,
1933. It is claimed that Miss 3ossman sprained her ankle when she
fell on the icy sidewalk in front of the Library building. I have
(� notified the claimant that there is no liability for an accident
fir' of this character on the part of the Town.
The Crescent Oil COm Jany, of Woburn, has made a
claim a aiust the Town for damages to an automobile truck by reason
of backing into a trench on John Street . The truck owned by the
oil Company, backed into the trench and the statement of the driver,
which was made in the presence of witnesses, was to the effect that
it was his fault that he truc!: backed into the hole. -he damages
claimed are , 50.Cc aid I have noti Pied the company that there is
no liability for this accident on the part of the Tovai.
Yours very truly,
"or;n ,ownso i.
SHD/n
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