, 1860-04-11
CHICAGO, WEDNESDAY,, APRIL II. 1860

The iury will bear 10 mind the nature aud char
acter OF the subject; the city has The care over
tte streets, and >bould not impe1il in any wRy
ly its NEGLECT tho life or limb Of the c!,i1eu,
but it Is apparent that The owners Of property
must hare the opportunity Of constructing and
repairing their buildings, aod for 'hAt purpose
must have.thc exclusive use OF portion oi the
street for limited time 1t may ba necessary
TO take up and remove III. side walk, 10 make
excavations, and TO do other acts upon the
public streets. Nov it IS almost impossible to
lay down any absolute or i1ed rule Is to the
degree Of care which should be exercised by
the cty authorities In such q case al il. before
us, Ii is manifest while the exc avat,on is going
on, walls in process Of construction, fag stones
and gratinss being put down, that there are
constant changes going on from day.t to day,
and from hour to hour evso- 1t could hardly
be required OF expected that the city would
keep az officer the spot .: nil hours Of the day
autl night, to prevent tie passenger from fall.
ing in,o any. space which mi9h: be lefs
open. Thsre must be reasonable view
taken Of the duty Of the city in this PARIS
ular, taking iuto confederation the work tn BE-
doue and the means By which it is accomplished
It is for the jury to s1y whetiler applying these
rEes to this pt1t Of the se, the fault or ne tl-
eencc Of she city contribute in any considerable
degree to produce the injury complained Of. If.
it did then tho plaintiff, cannot receiver. The
rule is that one Of tvoiofnt wrong doers cannot
land the Court whilst leaving the fact as 10
whether there was fanlt or negligence ca the
part II the city, 70 the jury gave various Illus
trations upon this part Of the easel
There is only one other questian remaining,
aud that is as to the effect Of the verdict and
City in the Court Of Common Pleas.
II the defendant under ths lar and ev-
deuce as stated By the court, wrs liab.e for
the damage sustained by Woodbury., and had
full notice Of the Pendency Of that suit, and had
an opportunity Of defending 1t, then be is bound
by that judgment. :;
If the defendant shall be considered liable,
the city is entitled to full indema,ty-whicn Is
tue amount Of tue Judgment paid aud costs, with
interest frou, the time Of pay ment-that is from
tho 20th Of July, 1867
] hare thus EiFen you my views Of the Law Of
this cass-tte facts ienre t. the jury-I have
only referred to them by way ofiilussratiou.
C,ncr1r Corrr ON CooK CorSTY.-The regu-
lar April trial term Of the Ci1cuit Court is in
session. Il is unlikely that any Grand Jury will
be called. Among the business Of the term will
p,obablv be iac1uded the Durch Divorce Ca.e..
REcoRpER's CouEr.-1n the Recorders Court
yesterday the leading feature Of interest III,
The trial Of the Lizzie En2les conspiracy case
elsewhere referred to at length, in this issue
The two Young men Joseph II. Thompson and
Augustus Newman, for the larccny of coats,
taken out Of be ball Of boarding house on
Washington street havs been convicted ard re-
ceived 4 term Of four years each, in the pcni-
Tertiary.
The TWO men Kosmiaski nnd livingston, On
trial for arson, were acquitted.
Quite numbe. OF bill haye been rcturccd By
the Grnud Jury Which will come up in turn for
their trials. and ne do not girs tbem1 Pat.
rick F. Shesken has been indicted for man.
slaughter in the affair involving tho death of
Henry AcAu'ey.
Alexander Moore, Edward Wicks, aud George
Trussel, the three gamblers against whom for
mer bill had been found for gaming, have been
indictai for cnuspifacy