Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-06-09

In the County Jail on charge of petit
larceny, the Grand Jury having returned
no indictment against him, he was dis
charged.
THE CRAWFORD CASE.
The examination of witnesses in the case
of Henry G. Crawford against The City Of
Columbus, which was commenced on Thurs
day morning, was not concluded until
this (Friday) forenoon. The opening
argument to the jury was made by
H. b. Wilson, of the firm of Warden q
Wilson, counsel for the plaintiff. He was
followed by Wiley and Noble, counsel for
the city. The Court then adjourned for
dinner. In the afternoon, Mr.. Wilson made
the closing argument, and Judge Bates
charged the jury, VINO, at about four
o'clock, retired to their room to consider
upon their verdict.
Much credit is justly due to the counsel
on both sides for the professional skill and
legal ability with which the case was man
aged, both in the examination of witnesses
and in the arguments to the jury and to the
Court. Though there was little scope for
the display of legal lore, there was ample
opportunity for discussion as to the evil
dence and the application of well settled
principles to that evidence.
The gist of the case, so far as regards the
mere question of the right Of the plaintiff
to recover any damages at all, lay in nut
shell. A stranger in the city, he was walk
ing alone rapidly along the southern side
walk of Long street, from Front street
eastwardly in the direction of High street,
when coming to an embankment of earth
across the sidewalk, from five to seven feet
high and sloping at an angle ofabout forty
five degrees, he ascended it and fell into an
open sewer or ditch some seven feet deep,
and about nine in width. The roadway Of
the street was barricaded, but there was no
barricade or obstruction across the south
ern sidewalk, same than the mound of
earth, which had been formed by the dirt
dug and thrown out of the sewer. There
was no artificial light burning near the spot
at the time of the accident, except a city
gas-light on the opposite side of the street,
and as to whether that was burning or not,
there was some variance in the testimony.
One of the main points relied on by the
plaintiffs counsel was that the sidewalk
was left unguarded, with nothing set up or
stationed there to warn pedestrians that
they were approaching dangerous pitfall.
1t was urged that the barricade in the road
way of the street, there being none on the
sidewalk. had a tendency to mislead per-
sons passing along the latter, that there was
no danger to be apprehended.
On the other hand, counsel in behalf of
the city argued that the high bank of earth
across the sidewalk was an obstruction sut-
flcient to put the plaintiff upon his guard,
and warn him that he was approaching an
excavation, and that if he failed to use or
dinary care and prudence, though the city
might have been at the same time guilty OF
neglect, he could not recover damages for
any injury he had sustained by the fall.
Judge Bates, in his charge to the jury, re-
marked, among other things, that in cases
of this kind, the obstruction, beacon or
warning, must be such as to warn any per-
son passing along, who is entirely igno-
rant that any ditch or excavation exists in
the vicinity. The city is bound to do some
thing, or have somethig done, to warn
persons of the danger; but it makes
no difference whether the obstruction
is there already, or is put there for
that express purpose. A pedestrian 60
ing along street or sidewalk, has no right
to disregard an obstruction that ought to
put him on his guard. He must use reason
and ordinary care. Failing to do this,
though the city may have been negligent,
he is not entitled to recover. In estimating
the damages, if any were given, the jury
should take into consideration the nature
and extent of the injury, its permanence
and effect upon the plaintiff mentally and
physically.
The jury, after short absence, returned
into Court with verdict in favor of the
plaintiff of Ten Thousand Dollars damages.
This is, we understand, the heaviest verdict
ever rendered in this county for injuries to
the person. 1t is probable that it would
not have been so large, had the defendant
been natural person, and not municipal
corporation.
Inst Night of the Italian Opera
Norma.
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