Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-01-25
WORCESTER CITY AND COUNTY.
METEOROLOGICAL OBSERVATIONS
AT the State Lunatie Hospital in Worcester the week
ending Jau 49, 1859
Thermometer. Wind Sn YIN.
Municipal Affairs.

At the meeting of the Board of Mayor and
the City Marshal, representing the Police apart
ments in the City Hall to be ill-ventilated and
badly arranged, and asking the appointment Of
a committee to examine the same, was referred
to a special committee, consisting of Aldermen
Goddard and Armsby.
Alderman Lincoln from the joint special
committee appointed to inquire into the circum-
stances attending the late gas explosion, and
the liabilities of the city, submitted an elaborate
report, accompanied by a legal opinion from
Hon. Benjamin +. Thomas, which was accept
ed and its recommendations were adopted.
The report enters at large into the circumstances
which attended the explosion, but the main facts
have been already given TO the public 1t states,
however, the opinion of the Committee that the
fracture of the pipes, and the consequent explosion,
was owing, in the first place, to the improper man
in which the service pipes, supplying the street
lamps, set and that the gas posts were erected
by the agents of the Gas Company TO whom the work
ofsupplying and keeping them i'll order belonged,
as it has ALWAYS been assumed. AS to whether the
agents of the Company exercised such care as was
due after receiving notice of the Leak the Committee
of opinion that common prudence would have re-
quired an examination OF the engine house, In
which the mere opening of door or OF window
by persons experienced in the nature of gas, would
undoubtedly have prevented the explosion. The
Committee finally recommend that the whole matter
be left in the hands of the Mayor and Aldermen, to
whom by the City Charter, is committed the care
and management of the public property, to take all
necessary and proper measures for the maintenance
OF the just rights of the city.
The opinion of Judge Thomas sets forth that ifthe
company had not used reasonable care, and the city
had suffered injury by such want of care, the Gas
Company would be liable to the extent OF the injury
What would be reasonable care would be for the Ju-
ry to determine under the instruction. IN his judg-
ment that the degree of care with the exgency,
and that in the of thing of such dangerous
properties the law required high degree of skill,
care vigilance, and great prompness, in remedying
defects discovered by themselves or of which they
may have received notice. If injury was sustained,
forwant of care stated, in the structure of the
pipes or in their connections with the lamp-posts,
this being done by the Gas Company, without the
supervision of the city authorities, the Gas Company
would be liable. 1t would make no difference that
the city provided the amp-posts or designated the
places where they were to be put
If on the other hand the work was done by the Gas
Company, under the supervision, direction, and
control of the City government the City cannot re-
cover. Or if the injury resulted from changes since
made in the streets by the authorities of the City or
Others, or from accident against which reasona-
Die care could not have guarded, the Gas Company
would not be liable. Mr.. Thomas finds nothing in
the charter of the Gas Company, or the ordinances
OF the City, to qualify the liability of the Company
at common law.
In the Common Council, the recommends
ton of the committee referring the whole mat
ter to the Board of Mayor and Aldermen, was,
after lively discussion, stricken out, and with
this amendment, was accepted The whole
matter was then recommitted, and the papers
were sent up for concurrence, when on motion
of Alderman Armsby, they were laid on the
table.
The Mayor read communication from
Hon. Dwight Foster, accepting the appoint
ment of City Solicitor.
Mr.. Wheeler, City Treasurer, presented his
ninth annual report of receipts and expendi-
lures, appropriations raised by tax, attachments
and discounts, taxes uncollected, &C., &C., for
the year 1858. The cash account shows that
there was
Cash on hand January A. 1858, s393l %
Received from all sources 25O5g9 59-s254 $50 81
Paid out for all departments, s242426 96
Balance january 3, 1859, l2l03 S6-s254,5 $50 50
This account embraces $119,800, borrowed
in anticipation of the taxes, and repaid before
the close of the year. We give below few
of the prominent items of receipts and expen-
ditures: