The national Republican., 1867-01-31
The Courts.

SUPREME CoURT OF THE UNITED STATES
"WEDNESDAY, Jan. 50, 1857.
On motion Of Mr.. Attorney General Stanbery
William P. Wells, esq, Of Michigan, was admitted
an attorney and counsellor Of this court.
No. 800. VIM. 7. 0'Nsil, plaintiff in error, vs..
John Kirkpatrick This cause was submitted to
the court on printed arguments by Mr.. Black and
Mr.. MiInsr, Of counsel for the plaintiff in error,
and by Mr.. Laks Of counsel for tho defendant in
error.
No. l2V. The United States, appellants, vs. Louise
Pauline Le Gardeur de Repentignoy, ct al Tho
argument Of this cause was continued by Mr.. Rus
sell, Of counsel for the appellants, and by'Mr.
Howard, Of counsel for the appellsss.
Adjourned till tomorrow at ii o'clock q. m.
Corporation Liabiiity for The Non Repair Of the
Pubic Streets Nsgigsnes-IAe burden Of Proof
The Mayor Of the City Of Nsto York, Plaintiff
in Error, Vs. William p. Sht6ieid.-This case
comes before the court upon writ Of error to the
Circuit Court for the Southern District Of New
York. The action was brought by the defendant
In error, citizen Of Rhode Island to recover dam
ages for injuries received by him from stumbling
over 4 stump ut the edge Of q sidewalk around the
lower end Ofthe City Hall Park In the city Of New
York.
Upon the trial It appeared that in the evening Of
December l6, 1857, the defendant in error while
crossing tho lower end of the Park hit his right foot
against projection against the level Of the side
walk and broke bis thigh boneI and that after this
injury he was confined to his bed at the New York
hotol, Wnen ne was IomoNou ~ hono ~ No"-
port. He wore splints on the limb until August,
$780, and was compelled to use crutchss until Sep
tember, 1891. His expenses for physicians, nurses,
and board In the meantime amounted to -, 800, II
also appeared that this obstruction over which he
stumbled was stump about fourteen inches from
the curb Of the sidewalk and was about six inches
high and four inches In diameter at the top and
that the place whore the stump stood was prior to
November, l847, within and portion Of the City
Hall Park. In that year the lower end Of the Park
was adjusted by the city authorities as TO make
a curve, throwing twenty feet Of the Park into the
public street.
The defence was that the action Of the city au-
thorites In throwing so much of the park into the
public street was without authority, and that not
withstanding such action, the space In question
still remained portion Of the real estate owned by
the corporation, and which, by m ordinance Of
1874, had been pledged to the redemption Of the
city debt. That pledge was confirmed and made
absolute by act Of the State Legislature In lS45
The effect Of this ordinance and act was to deprive
the Common Council Of any power to sell or dis
pose Of any Of the real estate Of the corporation
and the space In question having never been ao-
ospted part Of the public street In the manner
required by law, the corporation not bound to
remove the stump, nor are they liable for the in
ures received by the defendant in error by falling
over II.
The Judge charged the jury thus: $50 If an OBJ
struetion on the face Of the sidewalk over which q
person stumblss boxes, II you please, out on the
sidewalk on q dark night, or barrels over which 4
person stumbles and falls In the absence Of want
Of care his part, the defendants are equally a-
bic for the injury. The opening In tho one case,
] and the obstruction In the other oOnstituts the