Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-02-11

The City Clerk reported that the Rev. w. G.
Roberts had through acommunication to him sig
nifed his acceptance of the office of City School Ex-
sminer with his thanks for the honor conferred upon
him. Report placed on file. f SOFIA
REPORT or THE CITY SOLICITOR ON JOHN cREIGH-
ToN's MEMORIAL.
To tie Hon. Osty Council Of Columbia:
As to the memorial Of John Creighton. heretofore
to your BODY "a ana tS s,STsd
Creihton, in consequence of the impassable condi.
n Of fs Ess sa sS r. SSS
for injuries sustained in consequence Of defects in
highways. is dependent upon express statutes, but
a. ali hSs for sScS SUCH nuriss i Is By virtue statute
On page 1914 of Swan and Critchfeld's Revised
Statutes we nd the following words as embraced in
Council s shall hsys The care supervision and control
Of all public highways, bridges, Streets alleys, pub,
lie squares and commons within the city, and shall
cause the same 70 be kept open and ." repair ana
Now, If the injury happened without fault on the
part Of John Creighton and was caused by the street
statute imposes the duty Of repairing upon the City
Council, in my humble opinion, the City is liable TO
said Creighton. Where liability upon this subject
Of towns to keep their roads in such state Of repair
as 10 be safe and convenient without defining what
would constitute ground Of action. Whether the
stance was obstruoted or out Of repair or in dan,
gerous condition, or whether the injury was not
caused in part BY the negligence Of the party injured
litigation. By Jury. In general y Is swell settled
principle Of law that whore liability Of corpora
ton Is imposed yot the injured party. in order to re-
consequence Of the defect obstruction in the high
way. and If he 1.-THE party injured by nj
want Of case Or nesligence 70 the injury sustained
then he cannot recover All which Is TesPsHEsiuii'
submitted di,a9gl9fb M d. Gity Si y solicitor. HE;
On motion Of Mr.. Thompson. the foregoing repor
was referred TO Select committee. consisting o
Msssrs. Thompson. Buttles and Wilson. will
power to adjust the claim Of Mr.. Creighton, in 30
eordance with the said report subject to the approva
Of the Council.
MEMoRrAL OF THE GAS COMPANY.
Mr.. Buttles presented tho following memorial
which was laid on the table: $500 ~
10 tie Ogty Council Of Columbus:
Your memorialists, the Columbus Gas Light an.
Coke Company, respectfully submit 70 the Coupei
City Of Coulumbus By Gas, passed March II, 1856
by which the rights and privileges thereof may b
extended for twenty years from and after Februar
II. 1865. The reason for asking the passage Of TIL
ordinance at this time Is this: =,
Last spring the limits Of the city were very grest
enlarged. The people, who were thus brought int
the City limits will expect to enjoy all the privil
cges Of other citizens as speedily as may be, an
among other privileges, the use of gas for thel
streets and houses and are already applying for IN
same. To furnish gas for the new parts of the City
or tofuy supply the old limits as the population in
IIs,s Iss.s:S EsR i ssIs S
is hlythe future increase Of It's use that the Ga
FL s ss s
main under the original ordinance. as extensively