Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-12-02
LOCAL NEWS.
AMusEMRNTs TONIGHT.

AMUsEMENTs TONIGHT.
GROWERS THRATRE.-To- night will be pre-
g ned for the only time at Growers, Bourci-
C'Iits beautiful Emotional drama, in five acts,
c Gued the Willow Copse," in which Miss
Susan Denim appears s'Rose Fielding" and
Nj w. Jennings as "Luke Fielding" To-
morrow night. Jennie Deans, or, the Heart of
Mi"-Lotbian." AS this is the last night but
OK OF Miss Susan DENNIS engagement at Gro
-veT's, her friends will do well to go early, as
Tusi is expected.
EoRD's THEATER.-To- night farewell bene-
fit, AID last appearance but one OF MIR. and
hrs. Harry Watkins, when will be presented
Il new dramatic version, in three acts, of the
celebrated story by Mrs. f. ID. E. N. South
vor p. entitled, 1.-The Hidden Hand" Wool,
"a germen of color,) Mr.. H. Watkins. Mrs.
II. W"tkins as "Arcnv, Newsboy," and as
s'Cap"eia Black" This is an exciting and
interes ing play and cannot fail TO please all
who ay attend To.morr0w evening, last
appearance of Mr.. and Mrs watkins.
OXFORD HALL.-Go to the Oxford Hall to.
nigh and see James Ward, the celebrated slack
rope performer, and Bob Butler and Amelia
Wells, The inimitab pantomimists. Be early
and -scure good seat.
OBSERVATION-DISCLOSURES Melville and sons,
are CROW GIng Canterbury Hall TO witness their
wondrous feats of Workmanship. and their
daring slack rope performances. Mulligan as
eMazappa,' is laughable and the new farce.
entitled "Nan and her two Fathers" really
rich.
SEAToF HALL-Sanderson' MipstreIs are
and interesting performances, and if you wish
20 do away with dull care for a few hours
Just call on the MINISTRIES, and you will be de-
lighted.
The CASE OF TURNER VS.. THE CORPORA
TON OF WAsHINGToN.-On Monday we gave
the verdict of the Jury In this case, awarding
$3.50 damages TO the plaintiff, Henry Turner
II testified on the part of the plaintiff in
this case that north T. street. between 18th and
18th, had been opened and graded some ten or
fifteen years ago: that the water since that time
had washed dangerous gully across the
street, including the part where the pavement
should have been. The street, however, was
not paved. The break in the street had been
there for some years past, and in the month of
October, 1865 the plaintiff fell into this break in
the street. severely fracturing his ankle, and
was otherwise injured.
Judge OIiB charged the jury as follows
This seton, gentlemen Of the Jury, is brought
by the plain tiff, Turner, against the corporation
OF " washington TO recover for an injury alleged
10 have been sustained by him by falling into
an opening in public street of this city-said
opening existing, as ii is said, with the knowl.
edge or the corporation.
It is brought upon the theory that by la W ex-
elusive control of the streets is given 10 the
corporation, and that the duty is imposed upon
il OF keeping them in a safe and passable con-
dltion, power being granted the city to raise by
taxation whatever means may be requisite for
this purpose.
/ will not repeat TO YOU the testimony fer
you no doubt remember it, and it is your prov
ince to decide upon the facts. l will simply
instruct YOU HS 10 WHAT i CONSIDER 10 De the
law applicable TO the case.
First II you find from the testimony that
THIS street had been opened and graded, and
thereby dedicated to the public use, that mo-
ment the duty was imposed upon the Corpo-
ration of keeping ii in repair and in a secure
and passable condition. Ii the Corporation
failed TO perform its duty in this respect and
left the street in an unsafe and improper con-
dition, then il is liable for any injury sustained
by 81 ch neglect of the Corporation, if it is
found by you that the plaintiff exercised ordi-
and the injury was the result of his own negli-
gence, as we'll as that of the Corporation, then
he canno. recover. fought, however perhaps,
10 observe that the law does not presume negli-
gence. That is always a subject of proof, and
1twlll be for You 10 say whether in this case
there is any proof tending TO show a want of
ordinary care on the part of the plaintiff.
What j understand, gentlemen, by the term
'srdinary care" as applied to this case is that
care persons ordinarily exercise in passing
along our public streets.
Second. II you find that this street was out Of
repair, and in dangerous condition, and that
the plaintiff, using ordinary care, received this
INJURY while passing over 1t, then the other
question will arise as TO what compens ation he
is entitled. Upon that SUBJECT l instruct you
that If you find he is entitled to recover, he is
entitled 10 recover not Ouly for his loss OF time
and expenses incident to his confinement, such
IS the attendance of his Physician, &c, but he
is entitled to have considered, in estimating
the amount OF damages, the pain and suffering
consequent upon the injury he sustained
The law can lay down no definite rules by
which to measure an item of this kird, but
your sound judgments Will enable you TO
adjust the balance between these parties, If
you find the Corporation alone was in fault.
The question presented in this case is both
important 10 the rights and obligations of the
corporation of this city, and to the best interests
OF its citizens, and your verdict will do much,
doubt not, towards enforcing the obligations
OF the former, and protecting the rights OF the
latter.
Upon these instructions the case was given
10 The jury.