1934-05-15 SP 75
Special Meeting May /x_1934
At a special meeting of the Town Board of the Town of Queensbury
held on the above date , at 7.pm at Clerks office the Following menbers
were present
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Jerry B. Mead, Supervisor
Floyd Ellsworth Justice of Peace
Charles Nobles to "
Henry Stevenson
Meredith Bentley
Bert D. Turner Town Clerk
Beecher Clother County Attorney also present.
In the Matter of the Nassivera claims a letter from the county attorney
recomending a sttlement in the two claims was read to the Board and
placed on file. The following resolution was adopted.
Justice Stevenson introduced Resolution No. 35 Seconded By Justice j
Bentley.
WHEREAS, Clai m for $1000, was filed against the Town of Quennsbury By
Thomas Nassivera on December 21 1933, and by Louie Nassivera, father
of Thomas Nassivera, against the Town for $206. 75. .for injuries received
by Thomas Nassivera and for Doctor, nurses and hospital bills paid
by the father by reason of being knocked off from load of hay by electric
light wire suspended about eleven feet from the ground across the
highway at the residence of Rutherford Pingrey on :Um road leading
from the Oneida to pattens Mille,,on October 31,19339 and therafter action
was commenced in both actions in- Supreme Court against the Town of
Queensbury and Beecher S. Clother was retained as attorney for the
Town and appeared and answered in said actions; the two actions
have been noticed for Trial By John H. Barker , attorney for the
plaintiffs for term of court commencing at Lake George, N.Y. on
May 21 1934. and
WHEREAS attorney for the town has negotiated for settlement of both
actions and has obtained information that the action of Thomas Nassivera
can be settled for $400. and the action of Louis Nassivera for
$106.75, and
Whereas , attorney for the Town has submitted an opinion dated May
lip 1934 calling the Board's attention to a case where the .faets were
idntical with the two cases, in which judgment was rendered for the
plaintiff and affirmed in 226 A.D.page713 and by the Court of appeals
in 252N.H, page 528 and said attorney has advised in his opinion that
judgment will be rendered against the Town for some amount which is u
uncertain but which judgment would include costs which would be tared
against said town in addition to the amount of the judgment, and Y
Whereas , It is deemed for the best interests of the town that said N
actions be settledfor the amounts above stated,
IWOLYED, That theattorney or , the Town be and hereby is authorised
to enter into a stipulation and agreeme nt settlfng said cases for
for said amounts and that bills: for the same be presented to this
board and audited for said amts
Rool Call Ayes- air Mead ![rc,., lsw4rth, Mr. Nobles, MrBentley and
Mr. Stevenson. Noes- pope:
On motion meeting adjourned,
Town e .
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