Council Proceedings: January 15, 1904

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These facts, of course, placed me in a state of mind where it behooved me to consider very carefully any offer of compromise by which the city should not be seriously hurt. As to the total amount I allowed myself to be guided largely by the judgment of former city attorney, Williams, Mr. Wozencraft, 4 city attorney of Dallas representing the Telephone co and Geo. Thompson, representing the Texas & Pacific Ry. Co. All of these gentlemen I considered as very competent to pass upon the question of the total amount to be paid to Dr. Walker, and they having agreed I felt that it would be unjust to them as well as a dangerous thing for the city for me to disagree.

As to the division by which the city was to pay $1625 I must say that I think the same is fair and equitable in so far as the city is concerned, for to my mind the case of the Telephone Co. was much better than that of the city, in that it had a good chance to escape liability entirely and a chance, though not quite so good as the city, to charge the Texas & Pacific Ry. co. as indemnitor, and in so far as the attorneys for the said Telephone Co. were willing to recommend the payment by their clients of $2000 and one-half of the cost, I felt that I could not in justice to myself refuse to recommend the payment of $1625 by the city.

I have dealt only with the legal features of the case aside from the equitable considerations involved, of which there were many, but feel that a presentation to your honorable body of the points presented is all that is necessary in the absence of some suggestion on your part that you should like to be further informed, I submit the matter to you for your approbation.

I am sorry that I feel it is my duty to recommend the payment of this money as the city has so long escaped the payment of any damages of serious amount, but when the case was taken in charge by me it was recognized by your then city attorney and by the Council as one of serious gravity and the proposition of compromise which I here recommend is one involving such a small amount of money comparatively that I feel that the city is to be congratulated in thus emerging from the difficulty.

As long as street improvements continue to be made in the city of Fort Worth we must expect that occasionally some case of merit will arise in

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which some damages will necessarily have to be paid, and the city should bend its efforts in each and every case towards providing that it shall be indemnified by the parties doing or responsible for the work and should guard itself carefully from passing ordinances which might have the effect of destroying the city's right of indemnity which exists under the dicisions of this state in almost every case where the work is being done by persons other than those immediately in the control of the city.

Very respectfully,

E.C. Orrick City Atty

Recommendation on case of A.C. Walker vs T&P RY CO

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We your Finance Com recommend that the recommendation of the City atty be adopted

Wm G Newby JF Henderson Moreland

FILED JAN 1 1904 Jno T. Montgomery City Sec'y

FILED DEC 18 1903 Jno T. Montgomery City Sec'y

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