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Williams & Bailey. ATTORNEYS AT LAW. FORT WORTH, TEXAS.
April 4th, 1902.
The Honorable, the Mayor, and the City Council, Fort Worth, Texas.
Gentlemen:-
You probably remember the seventeen (17) suits that were brought against the City on account of the alleged offensive condition of the dumping grounds. Of these, seven (7) were brought by members of the Parsons family, who lived in the vicinity which, it was claimed, was injuriously affected.
One of these suits has been through the appellate courts,where it was settled that the liability of the City did not extend beyond those injuries proved to have been sustained within thirty (30) days before the giving of notice of each claim to the City Council.
Under these circumstances, the plaintiffs in the suits above mentioned are willing to abandon their claims upon payment by the City o the court costs. In six of the seven suits, the costs aggregates $87.05, or about that sum. In the other one case, which went to the Supreme Court, the costs are about $74.40.
These people suffered some injury, though it is probable the situation was such as to render this unavoidable. However, they did suffer, and, while they can recover but little, if anything, and, in my opinion, they can recover nothing, yet I do not feel disposed to add to their loss the burden of court costs. I might add that it is hardly prudent
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Williams & Bailey. ATTORNEYS AT LAW. FORT WORTH, TEXAS.
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for the sake of $160.00, or so, of such costs, to force a trial of litigation involving a claim of $14,000.00, where the plaintiffs have certainly suffered a damage, and the defense has some appearance of being technical.
After considerable reflection, I respectfully request the council to authorize me to settle on the best terms I can, at a cost not to exceed $165.00 for the seven suits, and that a warrant be ordered in favor of the Mayor for $165.00, out of which he shall pay, upon my order, such part as may be necessary. Provided, that no cases shall be settled, if I find the total cost for the seven in question will exceed the amount of the warrant.
This will leave ten dumping ground cases pending, all of which, so far as I know, will have to be tried.
Respectfully submitted,
Wm D. Williams City Attorney.
