Show aws gagg SUIT FOR DAMAGES herbert bate et al vs american pork city 2500 THE AMOUNT CLAIMED BY THE plaintiffs A strong lasal battery on both sides of the case the case of herbert bate et al vs american fork t ity len before judge build in yesterday morning ti ecial beisig called a jury wa em paneled and chorn biess W H Dik D evans conduitte conduit td the tac ta c for te i arl J G herl tini binl S geo fur llie defendants this mil n case for damages to alic af 2500 robert railed and sworn as the fiaai s for the bitnes babii he wa oneff alie plaintiff know htiu bogli horibe hoi ibe were placed in july lya alie eions a consisted brat at 1 liall about forty feet three es and another house u ed for sleeping purposes thebe building were used fur fathers refry etc the value of alie torn down was three officers teardown the buildings and doin so ind tiem he would sue for if aliey destroyed alie property the berc put up in about fourteen inches of water alie parties who did alie up ie henry chipman Chip mun fumei and aej M ercer thic point is a mile aid ahree quarters quart drs from fork city proper there was a pirty a band of music was there the pavilion was denied cf dancer sas the flooring was being torn up we biad been running the bath houses several and the bathing sean would have lasted about two longer during july the amounted toy pur daiy diy dont kloft aliat the profits were this year in the bathing season cross examined there are two or three employees generally operating there alie daily expense in july 1887 was about 4 per day this WAS made up in the labor of the proprietors part was for improving the place some days there would be a few patrons some dds there ceru hundreds there never thiis a day in jelv but what there were patrons possibly three or four da 3 we nad hundreds there was more than ten on an average per day ve ran behind in alie bething season of 1887 chere was about feet of lumber in alie the floor of ahe pavilion was it wis red pine and not tongued and grooved there wa feet of flooring alie gailion pa ilion was lumber A portion of our profits came from bathing a portion irom refreshment and we not 25 per cent from the steamer eliat carped over alie lie ve had a county licence for selling liquors A aarie percentage tase of the profits came irom the luth iii ro mr ivana I 1 paid 75 for roy in for tor to judge sutherland hie bath housos A ere not totally debaro ed they ci uld be repaired ep aired and put up herbert baite next tool alie stand ale taid lie maa oatlie we up the alue oatlie urn low n us it took them two in s to tear them down saw atie tip dun doneald done and remembered roberts isk iii tle nin ni n for their authority thi ear the b athin araon lasted ti ll 11 we ten to fifteen bollara per lay last july aind august r was fully ud bood in those mouths in bsh to mr thurman the greatest erea test profit ame fram alie bil hinr ami boating we lad no lice iise for hell iii cant ay whether or nut adv came rui sales for we biad no ve kept no ni counts have neer icard it said amon alie parties eliat the waa greatly improved over last ear the lake liagin it lias eft our buildings enli and dry the ike ha never receded so much as it i IBS alie e laft two ears I 1 received a notice from american furk city ordering ne to ahe buildings carev in jelv erected ibis year arc locked dubuc thirty feet A eat of where they were last year last year we biad a county license to sell heer this year we have not the building i took us tills year four or five beka opu tup samuel dean testified that he was present when alie buildings were taken town he proceeded to describe de scriba in aliat manner it was done the prosecution rested the trial in the cae ca e of heibert bate et al vs american fork city was then resumed sir I hurman stated alie theory of the defense to alie jury it would be shown lie said that the plaintiffs had obstructed a public thoroughfare by erecting alie bath houses that they biad been ordered to remove them asked for a little time which was biven them the premises erected ere with in the boundaries of the city W H Chip nian was the first witness called by the defense he paid h was llie road supervisor the street in question is a public hohwy A year winter he did some work on alie street about three quarters of a mile from alie lake the street was usco a iod deal down to the liko lik o for liall ing liay ice et canil has so been a deal wa authorized by alie city council to remove the obstructions then proceeded to remove the moved about fifty feet of the clour and laid it on the aide of the road look up alie three bath houses bodily and laid them aldo aside alie pavilion was feet from at the time we removed alio pavilion and hey were standing on dry land probably four couple were dancing when we began to move the bloor to mr dickson was down the street as far as alie lake shore nearly biery week for yeara before we tore the building down doubt whether there was any more than alie wind blow up from alie like where alie buildings were erected in 1880 that piert waa not yener illy covered with water it is that yince alie buildings were turn down alie travel has been diverted in another direct iq ant that the travel went in that direction there is now no of auyon or foot travel on alio street from the north line of the building we continued tt arius ip alie flior until the were compelled to leave atio building it was od lenber that in the floor had seen teams down past alie east end of the jimca to mr ruthei laud the travel ou alie wet side of alio canal the esst bank of alio canal is in n direct line viiu the run nisi th town mr tea tined to the removal of tin wehrli warf end of street running frani the main part of american fork ily the build insa were out eix or beven roda fruin the end 01 to mr dirkson H was city marshal in alien lie hilj el to creft alte pavilion lio took persons out in hi boat sometimes alie was high that Bea suii in thy summer of 1837 time waa no water alie land way mud dy it is pretty dry this have seen frequently drive dezu to the edge of the water since we took the building down when worked for the plaint iud in 1886 made oba to their building in the james C carter testified that tha had been constructed ut of rough lumber it was worth per act old wan fb was about 1400 feet of lumber and altogether there was about feet in the buildings it would be worth 35 or 40 dollars to erect the pavilion outside of the material to mr dickson have figured as though the building wag being erected on dry land had been down to measure the building jed mercer said he was a police cian ho as isted to remove the roof of the pavilion the material was all laid aside piled together J ua diner testified that he thought the pavilion was worth from 45 to 00 oo geo cunningham testified to grading the street down atthe lake testified to alie construction of of a ditch down the street into the lake to air dickson the ditch was constructed ted to off the waste water from alie main ditch in town was no pavilion there in and no bathing place tun by eastmond divid D caunt identified a bill of sale he hail executed in behalf of alie city for certain land alie lake the patent is recorded he yot it in at this point the court adjourned until 7 on the reassembling of court last evening testimony in alie herbert bate vs american fork city case was resumed bounty recorder joseph daniels produced the plat af alie land in question david gaunt was then ecsi fied to feeling the city certain land for street pur situate in the vicinity of the bathing bedoit having ande entry on the land tan or twelve bearc T mr dickson did not remember having any tiie plain or any other parties in the balginy reason of 1887 after the buildings were lorn down baying raying that he never claimed lie land in dispute edward robinson recollected having a conversation with samuel dean on september G in which lie stated that they meaning ihu plaintiffs intended to draw out ot the business as they were running behind the pavilion torn down was merely a rough bowery constructed of upright timbers with laid across on which brush was thrown two thirds of the material of which it was composed was old stuff to mr dickson was a member of the city council of american furk city at the time it was aticy this suit had been planted that dean made alie re mark to him did not recollect hat answer he made only advising him to draw out of the business john huston biad charge of certain work done by alie city on camp street in the year 1885 the work extended down to tiie lake and consisted in the main of scraping the city ordered the work done for the benefit of tha people who went to alie lake fur pleasure thomas cunningham recollected work being done by the city on thy west end of camp street about two rods frum the eded of alie lake to air dickson abe work done was mainly cleaning out the canal to carry oil alie waste water that was flooding the laud in tant luca ity jacbo greenwood testified that the bath housea were built about fifty feet from the lake and ninety feet from the dry land was on alio ground the first day when the buildings were turn down some had hatchets and others hail axes to mr dickson when the buildings were repaired in july 1887 the water from the lake came over the ground on which the pavilion was erected john mcniel testified to james chipman having said to him in that lie regretted Eastin ond having built a portion of the platform across the street and eliat he was in favor of removing it and having alie street cleared I 1 told liim that mayor hunter biad promised that the obstructions would be removed in the spring A shelly biad boen recorder of american fork city since february 1887 lie identified lie record containing alie minutes of the city in court for the defense referred refe ried ti in order to prove the open ingot camp street by alie city in march 1885 on the petition of L harrington and eighty six others alii morning from 9 until about 11 both sides were engaged in putting in testimony in reference to alie survey oi camp street at the ecka end of which alie were alleged to have been erected the plaintiffs plaint iffa endeavoring to show eliat alie buildings were not in the way or line of the street while the defendants assumed that were at 11 mr evans made the opening argument for the plaintiffs |