The national Republican., 1867-12-19

the return Of the clerk, the money was missing frcm
as bu sOsi said Ros. SAa stsa Ss
xItsr argument. The Judge charged the jury not 70
A. sS And hr 9S1d fH not entity
GIscgIT cOvhTIJsdH. wvlh. pro tem.-rhs
piITi,uw Is wH HsEfuEth Y; The CITY ~ q %wslhinstOn
sSsy Va: sSssisasa y \: sd$I.:sn n
instrpotions 20 Tho jury were then prayed by The
sNHHSs Ss psl sf Ss1 Va. sis saH. e ssi af
with ordinary care at the time Of accident, he ent
the eject that il tho sccdsnt wa. caused IN part By so
NEGLIGENCE Of tho plaintiff Or n the defendant had no
accident was brought about, the deiendanis not en-
TSs:s argued By sosH,. the
aaSs SsRs FSSs Ss isan sag as follows.
Is made the duty Of the corporation. by the law
DAT aops IS 6 ;fsSs. Allowed aFG sset s
main there. for even an hoqr which Is dangerous 70
rule % as 70 its resp %re.PoS.iSiiy S0"' iH tue general
~ hs NSSh II e the publ:
consent or knSwledge q the CORPORATION, and In
yor lie damage, unless the nuisance Raa scntinueS
sumciently long to become known to Its officers,
But, on tho other hand. II the ausanes have been
placed erected In the streets ia pursuance Of a
corporation is respohsibity Tor he structure ~ COM
menSos from that Instant, as though II was Its own
The neCss,fitGs q society, under certain ersum.
be sPfs PsSa Il the rss Sn h
S sS e In h SsTs In sa ana
excavations for water, gas. or sewer pipes may be
made in the streets.
both as to their extent and duration; must be guarded
and 50 protected to secure the passers from danger
main plain nuisanecs, and II damage results Ia con.
notice q their ssisens Every possible pFessSoa aoa
against danger Is required Of ihe corporation in such
for the public as they would bc II such Obstructions
This eonsttutes the broad and Main ,,,b Of dutx
will proyo It's sure protection und er ali
Tatsd ststs: ROIsiaRs isi 1Ss
But this rule ss 70 the duty Of the corporation Is no.
chooses SO 70 yentste his Independence run amusE
ss %HS .a @ h II a. ne
voice Of prpdonee and Of reason and II he have thus
@ damages sc q aiPiaa aas 'h' CORPORA
public sfcet. lie &C y na%bsr SRGi
and other & G s,rdsures which are legal
S sSs any ss Ss, va che y
fully or through his own clear Sssiseace. had H run
his horse, snd carriage oh such obstruction,
duty .Se PST % 'aS s,.s s{ they be no. s,s9 so
i6sy have been made was before. ysi L any one
win drive his horses without looking where he Is
spee and lose the control Of them, and injury, per
haps to him In consequence. he must himself bear the
In the easO Of Davies vs.. Mann. 10 Moe., &w., siG
iottsrcd and hitscd IL The pSIl hsSwSs, so tsaa i
could not got out Of tho way. Tho defendant negli:
me ass II was held that the pSintiE was eStied to
III in PuSs @ %n RsR
| Wy
49, i was hsid hat sitSSusS was the dats o. Ne
defendants, imposed on them by law, 70 make aud
SsP We S tss
less he had himself acted with reasonable discretion
Gc Ea; A. sssI e. Isfd ,El; E
ms ia fault. win not dispense with another using
support Ss e,s ITS eK S
doiault Of thG dcfcpdant. and no want q ordinary
''5S 10 SiSsr Saqd ny daty 70 instruct you
that - tho defendant Az b. Sail Of degree Of nesli
hSTS wa; want q oR his SS
hf s
that the plaintiff could not have escaped II, on that
~ as ssS Ss SSrc
SIs want S SS.s and rule.
h S ss ss, IS 0a hat ihf anf hi
| amount Of damages yon uill give
| ,Ihe court Is constrained % say TO
rules to govern your dssretio1 You are, nsSerthe.
less. to consider the actual loss to the plaintiff both
past, present aud prospective, sustained In cOnse-
| amount you would be justified In giving. You are to
consider tho injury to his health tho Of his limbs
Io he Ec aH1T @sR SsrESsc aHs Sis
| Which they have produced But all these should be
the legal direct and necessary results Of the Injury,
and not faneiIul or eOnjecturil
And although The facts OF this sueh
ought not to render verdict for punitive or yndleye
damages yet the court not PREPARED 10 say that Won
are 70 shut your eyes 70 tho public example which
The mental suffering which sometimes results from
injuries OF this kind ought not to enter into your CON
sderatiOn. That clements too uncertain be taken
into account n making up verdict for dollars and
high, intellectual and nervous. organization for the
mental anguish resulting from limb fractured by a
head long plunge INTO ditch IN public highway In
suffering There are others OF ETOsser nature, com
| prislng, probably. much tho more numerous class
whose sonsibilities are more eallOus, and to whom
physical pain Is the only suHeringi and even to
lighter, whose highest Ambltl Is initiate the ex
ample q tho bull dog, (which, indeed y hs superior
A. Rsis s @ ana 20 Sr %S rSS. GRssS
receive justice at the hands Of ajury the amount Of
his damages were TO depend upon proof OF the refine
nent and susceptibility Of his neryons organIla9n,
| aud then adjourned until to-day.
CASES TO-DAY,
The following cases arc assigned for to-day: Nos.
gsS 49, @ ~ ~ a. az aS u io7' SO' 20, 49, s 49,
The court then adjourned until this morning
,srPEENE Coum oE rHE uS!Tgp sr4Ins-W WedSsf:
Inst,' No.. 4 Tity sSsSatlmOfe, The