Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-02-13
SOMETHING Nrw-InroRrAsr TO LAkEuEl


SOMETHING NEw-IMPoRTANT TO LAKENEN
AND THE AUTHORITIES OF COMMERCIAL CITIES.
"A legal gentleman Of this city has called
our attention to an important bridge case
which has just been on trial and brought
to a decision, in the United States Circuit
Court, in Chicago, wherein the plaintiff re-
covered very heavy damages from the mu-
nieipal authorities, in the case of Dwight
Scott cs. the city of Chicago suit brought
to recover damages from delay to plain
tifs steamer, the s. D. Caldwell, in conse-
quence of bridge tenders not opening with
promptness the Madison street bridge, in
December, 1858, so as to allow the steamer
to proceed to Milwaukee. 1t will be seen
that one of the attorneys for plaintiff, him
self an old Clevelander, was a lawyer Of our
city. We give below the cream of the
sase, as supplied by the Chicago Tribune:
1t appeared that Scott had chartered the
propeller TO run between Milwaukee and
Grand Haven, and that on the 3lst Deem
Der, 1853, having made some repairs in the
South branch of the Chicago River, she
started to go down and out, bound for Mil
Nduhee. AT inc MuuloOu blTEcI DTluRS the
bridge tender was absent, but on arriving
made efforts to open the bridge, which were
unsuccessful, and the propeller was unable
to pass the bridge until the I'd of January.
In the meantime the weather had become
severely cold, and ice accumulated, so that
the propeller was unable to cut her way
down the river and into the open lake until
the 10Th of January. Damages were claimed
for the expense incurred in cutting out, and
for injuries to the propeller in forcing her
way through the ice, and for detention.
The case occupied over a week. Judge
Drummond in his charge to the jury in
structed them in substance, as follows:
That the Chicago River, being a public
nayigable highway propellers had the right
at all seasons, TO require that the bridge
should be properly tended TO let them pass.
That although in the winter season, when
navigation was uncommon, the same
degree of vigilance might not be re-
quired, yet hat if the city had received
notice of the intention Of this propeller
to pass down, had neglected to be in
readiness, or, when finding the propeller
there, was without the proper means to
open the bridge, or managed the matter 80
unskillfully that the bridge became clogged
and fast, then the city would be bound TO
respond to the plaintiff for such damages
and losses as he had sustained by reuson of
the delay.
That ii it appeared that if the bridge had
been properly opened the propeller would
have got out, and probably made her trip
to Milwaukee, iwhere she was under con-
tract to be, but that in consequence of de-
tention at this bridge she got caught in the
ice, and incurred delay, expense and in
jury in working her way out the city
should make it good that the city
would not be responsible for any in
juries attributable to unskillful manage
ment on the part of the propeller.
He left it to the jury to say, "whether the
city authorities did all that was required of
them, all that skill and diligence could eff
feet, to accomplish what the propeller de-
manded, viz, the opening of he Madison
street bridge, in order that she might pass
down the river as soon as possible"
The jury returned a verdict for plaintiff
against the city for $1,000. John T.. Cary,
(Of Wiley and Carey,) Of Cleveland, and II.
S. Monroe, of Chicago, appeared for plain
tiff, and Driscoll and Irwin, City Attorney
and Corporation Counsel, for defendant.