Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-12-19

CORPORATION SUED FOR DANAaHs.-Tmpcr-
ieh Irsrhct,ons % fke Coart--This norning
IN the Circuit Court. Chief Justice Cartier, the
case OF Charles 3. Dennison VS. the Corpora
tion OF Washington, was determined IN this
case an action was brought by the plaintiff te
recover damages 70 the amountof Slo,C0a for an
the night fthe 10th Of February, 1895, by falling
INTO an area In front of the building on the cor
ner or 18TH and q streets, then in the course
OF erection by Messrs. Plant & Riggs, which
accident IL was claimed was owing to the want
OF sumcient barriers 10 afford protection to
passers by. = :.
Ii was claimed. on behalf OF the plaintiff,
mat one Of his limbs had been seriously trac.
tured and permanent Jury entailed thereby;
mat ne was q poor man, dependent upon his
oaiIy labor for support; that being without
means. and forever disabled by the effects of
the injury sustained, from following his a voca-
uCn as gardener, or engaging in any pursuit
requiring bodily exertion, he was compelled,
II, ra oraea 70 save himself from starvation, to
resort TO the almshouse, in this city. where he
AZ present Is, and thus, much against his will.
subsist upon public charity.
Inc defendant undertook to show that the
area IN question was guarded by number OF
barriers, erected in a most careful and sub.
siantial manner, amply sufiicient to secure the
SAFETY OF persons passing that way, and that
otner precautions mad been taken to provide
against accident; that a light had been placed
al the north end, while a large lamp in front OF
Jay Cookies Bank. with three jets, lighted up
the southern portion; and that two men were
nightly engaged in watching about the build
ing. The defendant proceeded TO show fur-
Their, that the plaintih was intoxicated on the
night IN question, and that the accident was
TO be attributed to that fact; that the barricade
not being thrown down in any part was evil
dence that the plaintiff must have crept
through the same
The Court, after duly con siderinp the xsrious
prayers offered, granted the following, pre-
fendant:
That If from the evidence in this case the
jury shall find the plaintiff did not use ordi-
mary care and prudence in passing along said
highway, and by reason thereof fell into the
SAID excavation, snd thereby received the in :
jury of which he complains he cannst recover
in this action: and il is immaterial whether
such wax OF care proceeded from in oxicati
or not, as the fact OF his being drunk, if he
were so, does not excuse him from the obliga-
ton 20 use ordinary care and prudence
The Court then further instructed the Jury
follows
The defendant was hound TO use such pra-
cautionary guards against accident that il iu-
jury followed IL would be attributable to neg
hgenee on the part OF the plaintiff.
The degree OF the safeg uard shou Id be meas
uIee by and correspond TO the magnitude of
The injury liable to follow In the absence of a
complete protection, as life and limb are the
stake In risk; that barricades should he so Sc
cure as TO preclude the possibility of accident
without in diving negligence on the part OF the
plaintiff.
If the jury shall find from the testimony tina
the barrcade in this case was les Hi Gent pro-
lection. but that the injury was nevertheless
superILdueed by the negligence of the plain =
TN the plaIn'if is not entitled TO recover.
Messrs. Davidge and Fehdall appeared for
the plaintiff, and Messrs Bradley and Brad
ley Tor The defendant. To the latter part OF the
first instruction of the Court Mr. Bradley re.
served an exception.
The jury, after being ont about half an hour,
returned verdict for the plaintiff, awarding
him $500 damages.
ALEXANDRIA lTEMs.--M Monday morning a
watch was stolen from the grocery store James
BRADLEY. on y ueen street between Royal and
Plt'. The police WSre in formed of the circuin-
stance and an arrest was made. MONDAY
night Mr.. Bradlry's dog made such a note
mar Ills owner went out to see w hat was The
matter. and. on looking at his cellar door,
found lying upon it the stolen watch.
n young woman by the name of Fanny
Smith, short time since was committed to
Jail, IN Alexandria, on the charge of stealing
from Ella White. a handsome dress of the
value OF 500. The whereabouts of the dress
mas Just beer discovered 10 possession OF a
party in this city.
Nr. W. Il. Mills. of this city had a horse
stolen from him last Wednesday night, which
was tracked through Alexandria and was car
through Alexandra safely. Mrs. Funston, re-
siding near the Theological Seminary, hau a
horse stolen from her, last week
The Gazette of yesterday says We are n
formed that the parties engaged in boring for
oil In the neighbOrhood of Munson's Hill, were
rewarded this morning by the discovery OF a
fluid which readily ignited and burned upon
the application of a lighted match.
A negro named William Stepney, in a fight
a. Bull Town." near the Stone Bridge, on
Saturday evening last with another negro.
named albert French, had the whole of mis-
nose bitten of.
The Mayors Once IN Alexandra is daily
throDged with applicants tor loads of wood
donated by the Government TO the poor of that
city.