Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-06-08

into recognizance with surety, in the sum
Of 500, for his appearance at the next term
Of the Court.
John Gordon and John Humes, confined
in the County Jail, were discharged, the
Grand Jury having returned no indictment
against either.
THE CRAWFORD CASE.
The trial of the case of Henry G. Craw-
ford against the City of Columbus was
commenced in the forenoon. Warden and
Wilson for the plaintiff; Nobleand Wiley
for the defendant.
The plaintiff in his petition alleges:
That in October, 1865, defendant under
took to excavate the way for 30 inch sew
er in Fair alley, to extend from the south
line of in-lot No. 2S5 to sewer on Spring
street, known as the Spring street sewer;
whereby it would necessarily happen that
there would extend across the sidewalk
and wagonway of Long street, one OF the
frequented highways of said city, an ex-
cavation, in the nature of ditch or trench,
which excavation or opening, unless tenn
porarily covered, and kept covered, during
the night time, would be very dangerous
to persons passing through said Long
street. The said trench ran at right angles
with said alley from east to west.
On the 18th day OF November, 1865, the
agents and servants of the city had opened
the said sewerage across Long street, in
Guiding the sidewalks to the depth of about
twelve feet and to the width of about seven
feet. Along the western edge of said sew
erage way was piled stretch of earth,
thrown out Of the way as dug; of which
pile of earth, the western edge was gradual,
and the eastern side was steep, and close to
the edge of the open sewerage. At about
the center of the southern sidewalk, OF
Long street, going eastward, in and upon
said pile of earth, was, at the nighttime
OF the day last mentioned, a beaten track
or path, made by the passage of persons
over the pile of earth. -
Across the wagonway at Long street at
the east line of Front street, the first street
west of Fair alley, running parallel there
with, the agents and servants ofthe defend
ant had, at the time last mentioned, erect
ed barrier to warn and prevent the pas
sage of persons over the wagon-way OF
Long street from Front street eastwardly ;
but there was no barrier, warning or pre-
ventive of any kind at or near the Front
street entrance of said southern sidewalk,
and none between said entrance and the
sewer-way in and upon the line of said
southern sidewalk.
The plaintiff being stranger In the city
and not knowing of the existence of the
sewer-way, in passing eastwardly over the
southern sidewalk, in the direction of High
street, fell into the sewer-way, over which
there was no bridge, and no artificial light
at or near it, while the natural light was
insufficient to reveal the danger.
The fall, by conclusion of the brain
the spine and spinal marrow, disabled the
plaintiff from performing his accustomed
work; put him to great expense for medical
and other attendance, and inflicted upon
him permanent injury; for all of which
he seeks to recover IRON the city damages
to the amount of Fifty Thousand Dollars
The defendant (the city, sets up in the
answer:
That the sewer was constructed by Ell
ward Hall under writen contract with
the city, and that any illegal acts or omis.
sion in its construction were done or per.
mitted by said Hall and those acting under
him, and not by the city or its officers.
The answer denies that said ditch was
left in such condition, at the time Of the
alleged injury to the plaintiff, as would bt
dangerous to any person passing along the
street with ordinary care.
The dirt thrown on the west side of the
excavation to the height of about six feet
formed barrier on that side at the place
where the plaintiff alleges he fell into the
ditch, sufficient to prevent him from falling
therein, and warning one approaching
thereto Of the excavation and danger.
Defendant denies that there was any
pathway across the embankment along the
southern side of Long street, or that there
was no artificial light at the time near sale
excavation, but affirms the contrary.
The examination of witnesses in the case
occupied nearly the whole day for late in
the afternoon, the arguments of counsel tC
the Jury had not been commenced,