The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-03-23
Aational arpnblitaa,
LOCAL NEWS.

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TIE CASE OF THE WASHINGTON, ALExAY.
pRiA, AND GEoRosrowE RAILROAD COMPANY
FINALLY SETrLED-The caro- Of this road, indicted
for q nuisance, and which hrs been on trial for
for some time past, was finally settled yesterday,
the jury returning verdict Of mot guiltyr The
prosecution was ably conducted by District Attor.
ney Darlington on the PAT. Of the United States,
and Mcssrs. Mcrrlck and Riddle for the defence.
In charging the jury his Homer, Judge Fisher,
said:
l. The jury cannot find q verdict upon any evi.
dence, however clear and conclusive Of q nuisance
created or maintained at any time further back
than two years from the period Of the finding Of the
Indictment.
2. The jury can only convict this corporation Of
maintaining q nuisance during the time when the
road was under the control Of the company indicted
and not during the time the road was run by the
Government BY another company.
3. The running Of oars BY steam through city
10 not In itself nuisance. The nuisance consists
in such improper uso Of the steam rs to make the
road offensive to the senses health or comfort or
morals Of the community at large.
4. Tho running Of cars by steam at greater rate
than Ave miles an hour, IL prohibited by law,
would make tho person or corporation running the
road liable to an Indictment for violation Of the
law prohibiting the greater rate, but would not
make such person or corporation liable for q nuts
ance unless 1t were proved that the running at such
greater rate was offensive TO the Senses comfort
health or morals Of the community at large.
8. But II the jury from the whole evidence, find
that during any time when the road was under tho
control and management Of tho Washington,
Alexandria and Georgetown Railroad Company the
cars were run by steam In such q manner as to DO
offensive, 30, they will find the company guilty as
indicted unless the company can show license for
so using steam as TO become so offensive.
8. lit shall be found that the company indicted
has used steam so rs 10 DO thus offensive to the
community at large, but that such using was done
under license Of the Government, and that such
license was granted under restrictions II then be
comes question what those restrictions were, and
II those restrictions lawful II Is for tho Gov.
eminent to show nfirmatively that such restric.
tions were violated by the company In their run.
ming Of the road. In other words, II there be a
restriction Of the company to 60 by steam at rate
not exceeding Ave miles an hour, and by using
steam they go at a greater rate, and that by the
running at such rate the health, morals senses OF
con Fort Of the community at largo DO offended,
then The company is responsible.
In concluding his charge, His Honor instructed
the jury to apply tho evidence in this case 10 the
three following questions;
l. Did the company between the dates JAN Is,
1865, and May 5, Of the same year, commit q
nuisance by reason of running their cars by steam,
according to the allegations Of tho first count
2. Did the company between those dates commit
nuisance by reason Of leaving their cars standing
across the streets ut the intersection thereof laid
in the second count so as to obsruct travel along
those streets?
3. Did the company between those dates commit
nuisance by reason Of having their track in such
condition Of repair structure to prevent travel
along tho streets in which 1t is laid ?
This case has excited considerable interest, and
the verdict was received with satisfaction by a ma
iority Of those present.