Judge ends Endicott suit

A three-year-old damage suit against the town of Endicott was ordered dismissed without costs last Wednesday in Whitman County Superior Court. Jimmie and Patricia Britton, who had filed the damage suit, appeared in court for trial Oct. 11 and told the judge they did not have an attorney and didn't plan to present witnesses or evidence.

Filed Oct. 7, 2007, by the late Ronald B. Webster of Colfax, the suit sought damages alleged sustained by Jimmie Britton while crossing Machin Street in Endicott in August of 2004. Britton alleged a faulty cover over a water valve hole caused his fall and resulting injuries.

In his pre-trial statement defense attorney, Michael McFarland, Jr., said the Brittons failed to establish that a dangerous or unreasonable condition existed on the street or that the town had any notice.