The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-15
LOCAL MATTERS.

CIRcUIT CoURT.-- JPilliaH Easbg vs. The ClfSa-
peake and Ohio Canal.-The defendants, as we
stated yesterday, were required to answer unto
the plaintiff in plea of trespass. Mr.. Easily
owned a lot bounded by South Water street, to
which was attached water and whArfng privileges
there being no Ugh land between Water street and
the Potomac river and said street being the only
means of ingress and egress to and from said lot
The defendants dug out said street in front of the
lot, thereby, it is alleged, destroying and obstruct
ing said street, and cutting off the riparian privi
leges; and for which the plaintiff claimed damages
In the sum Of one thousand dollars. Messrs. Brad
ley and Lawrence for the plaintiff and Mr.. Mar
bury for the defendants.
The court granted the instructions prayed; and
delivered it's opinion the effect that the act of 1871
authorizes the commissioners to "license the build
ing OF wh2rvcs on the waters of the Potomac river )"
'but no license shall be grated to any one TO
build wharf before the land of another from
which il is to be inferred that the riparian
privileges or rights were reserved. II So the
court could perceive nothing inconsistent in sup
posing the continuance of such rights. although
street should separate The lot from The tcater in 'front.'
and that in the present CASE if the lot owned by
the plaintiff should be found by the jury to front
the Potomac, that the plaintiff Notwithstanding
the southern bounds thereof being the northern
line of Water street, must be considered within
the provision of the statute. The canal s great
public work, intended for the benefit of the coun
try. The rules TO be adopted by the jury, III
tanning if any and what damages the plaintiff had
sustained, must be to consider and weigh the bene
fits to the lot in question, as well the supposed
injury, and to determine according TO what they
shall find to be the preponderanoy
The jury retired yesterday morning, and, after
an absence of four or five hours, returned with a
80 Il,or, ala f1lsH 1Fa 1apa
DEBT CAsE.-Several days ago we briefly alluded
to case which was before the circuit court last
week-Robert Keyworth J. ]. Greenough. AS
it is of importance to the business community,
have since consulted the judicial records, and now
state the proceedings moro fully and correctly.
This was an action on account, and on the trial Of
the cause the plaintiff, TO maintain the Issues
his part joined, offered and gave evidence to prove
the sale and delivery by the plaintiff to the defend
ant of the several articles in his account filed, and
at the respective times and prices therein con-
tanned and set down-the account continuing seven
or eight ycars-and that from time to time occasion
ally when he received the said articles, the defend
ant would and did say, Charge them to me, - or
" Charge them to my account" and here rested;
and thereupon, the defendant also resting, the
plaintiff prayed the court to instruct the jury
that, if they believe from the evidence aforesaid
the defendant, in directing the plaintiff to charge
any of the items of merchandise purchased by the
defendant within three years before the bringing
of the action to his account, intended thereby TO
acknowledge the prior account as subssting, and
promised payment thereof, then the plaintiff is
titled to recover. This instruction the court re-
fused to give; and thereupon the defendant prayed
the court instruct the jury, which it did, that if
the jury shall find that the whole of the evidence is
"A Inn lodi ont
of the debt in question ais is sufficient in law to take
the case out of the statute of limitations and to
so much of the account as bears date more than
three years before the I'd Of March, $780, the plain
tiff is not entitled to recover in this action
The plaintiff suffered nonsuit with leave to
move to reinstate. Morft for plaintiff, and Brad
ley for defendant.
COLUMBIA MUSICAL AssocIATIoN.-Mr. Kieck-
hocfer, president of this association, has addressed
circular to citizens in its behalf From the
statements of this gentleman learn that the as
ISOLATION has been in existence and constant prac
tice nearly a year, and has so far been sustained
mainly by the contributions of its members. They
few in number, however, and, as the late con-
cert failed to realize the profit which it hoped
would accrue from it, they have no alternative but
either to allow the undertaking to fall TO the ground
to appeal to the musical portion of the commu-
nifty for the requisite amount of support. 1t is
proposed TO open subscription with view to CIV
ing four concerts during the season. The rate of
subscription is fixed at five dollars, and for this
sumthe subscriber is to receive three tickets of adj
mission for each concert; the cost of each ticket be-
ing thus reduced to about forty cents. From eigh-
ty to one hundred subscribers needed to start
the affair The pact performances Of the association
have served to exhibit it in very favorable light,
and hope that the present appeal of its managers
will meet with prompt and hearty response. The
subscription list may be at Taylor s. Maury's.
SHOCKING ACCIDENT ON THE BALTIMORE AND
WAsHINoToN RAILRoAD.-We understand that q
more last evening, somewhere in the neghbor-
hood of Beltsvc. The mans head it is repre-
scented, was completely severed from his body; and
the fret intimation that the officers of the train had
of the accident was the check which the train ex-
perienced in it's speed. When the body of the un
fortunate man picked up it yet warm;
but our informant unable to learn who he was,
or how he came to be upon the track.
The CONTEMPLATED PLANK RoAD.-It will be
seen, by reference to an adver tisement in our pa
per of this morning, that proposals invited for
the graduation of the contemplated plank road from
the city boundary to the District line and for fur
nishing plank, and likewise for laying it and the
seepers. This is an additional evidence of the
earnesness of the enterprsng stockholders to pros
ocue the work to completion.