HomeMy WebLinkAbout1951-05-07 Law Committee Minutes MI14UTES OF MEETING OF THE LAW COMMITTEE HELD
MAY 7, 1951
A meeting of the Law Committee of the Town of Iteading
was held in the Assessorst room of the Municipal Building on
Monday, May 7, 1951, at nine o' clock.
Those present were Harold B. Currell, Alexander Perry
Glover, Dr. Charles Baisley and Charles E. Wilkinson.
The minutes of the previous meeting were not read.
Dr. Charles Baisley was elected Secretary of the meeting.
It was the unanimous vote that Samuel H. Davis be elected.
Town Counsel for the ensuing year.
A claim was made by Mr. Volke that his house had been
damaged inside by blasting by the Board of Public Works. The
�+ claim was for $055.00, which was voted.
A claim made by Henry Libby, 3 Evergreen Road, that blast-
ing by the Board of Public Works had caused cracks to appear in
his ceiling was voted to pay $075.00.
A claim presented by Alfred W. Rooney claiming damage to
a building owned by him at 17 Sanborn Street, caused by a falling
Willow tree. The claim was for $240- 36 for damage to his roof.
Mr. Davis stated the liability in this case was very questionable
and cited references where the Supreme Court had ruled against such
claims. It was the opinion of the majority of the Board meeting
that, while there might not be legal liability, there was more or
less a moral responsibility and it was voted to allow Town Counsel,
Mr. Davis, to expend not over 61GO. to clear this case. Mr. Glover,
Dr. Baisley, voted in the affirmative, and Mr. Currell in the nega-
tive, the Chairman not voting.
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A claim was made by George Zanni for damage to his motor
vehicle on December 25, 1950, on Brooks Street near Ash Street,
where the Board of Public Works had recently dug a trench across
the road, later filling it. Mr. Davist investigation showed that
the Board of Public Works admitted the filling of the trench had
not been done properly, allowing about a 10" depression in the road.
It was the unanimous vote that the Town Counsel be authorized to
spend up to $100.00 on this case.
A claim was made by Charles B. Harris for damage to his
automobile in the same location as that of the above case of Mr.
Zanni in the amount of $80.05. Mr. Harris claimed that three of his
tires had been damaged, including two tubes. The Board felt that
there was some depreciation in these tires, and it was the unanimous
vote to authorize the Town Counsel to spend up to $50.00 to dispose
Of this case.
The claim of Clara Murphy, of 57 Woburn Street, resulting
from a fall on the sidewalk, causing injury to her eyes, teeth, and
mouth, which was caused by her claim of a root of a tree sticking up
in the sidewalk about two inches. As there has been no agitation on
this case since December 15, 1950, it was voted to take no action.
Benjamin Smith, 112 Walnut Street, claimed water damage,
caused by a pipe which was broken during some work being done by
the Board of Public Works. Town Counsel said that the liability
was very questionable and, in view of the fact there had been no
recent agitation on the case, it was voted we would take no action.
Town Counsel, Mr. Davis, reported a suit against the Town
in the amount of $1 ,000.00 ad damnum as a result of a boy falling
• in the entrance to the public parking place, receiving injuries
from broken glass. His bills at the present time amount to $361.75.
This was for our information and no action to be taken at present.
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A suit instituted some time ago against the Town of
• Reading for damage to goods in the basement of the W.T. Grant
Company, caused by excess water falling from the parking place
into their cellar. The claim is for $3,563.00. This is a sub-
rogation claim by the insurance company who paid the loss. Town
Counsel, Mr. Davis, was authorized to spend up to $250.00 in an
effort to effect settlement. It was understood that the Masonic
Corporation was agreeable to making some settlement with the
attorney for the plaintiff at the same time.
Adjourned: 10 P.M. �
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