The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-06-04

SUPREME CoURT-GESKRAL TERM.-All the
Justices sat In bdne yesterday.
DECISION AGAINST THE CITY REVENUE. -
Herfurth VS.. Corporation Of Washington.
Our readers will remember that In this case,
which was reported at Its hearing below, the
Corporation was mulcted In q, 500 damages for
injuries resulting to the plaintiff BY being
In consequence OF running his horse upon an
open sewer.ditch on Sixth street, near the
residence Of W. D. Davidge, esq, one night
lamps were provided around the ditch, and
that they had been lighted, but there was no
proof that they were burning at the time the
Justice Wyiie held below, on the authority
Of a decision OF the Supreme Court In a
"the utmost possible oareh to prevent Injuries
&a Bradley s P pSaS for 0ss tris which
was refused and the case then came up to the
court In bane. on appeal and exceptions. -.
The court reversed the decision below, and
sent the case back for q new trial.
Chief Justice Cartier said that 1t was evil
dent that the corporation was in some sort
liable for the injury complained o. But It
% Gn,y tor sISh nessens eua
charge It Of notice of their default. No offence
BY the corporation 10 shown unless under the
idea that the city 10 an insurer OF the safety
way. This case stands precisely as It would
stand where a private Individual had made a
nuisance of the highway, of which the corpo-
ration had no notice. The Court did not think
Justice Wylie said he still adhered to the
opinion expressed In his charge below.
Judge DIN conourred In the opinion ex-
pressed by the Chief Justice relative to the
responsibility of the corporation. The whole
an agent has no solid foundation. Such case
as this is not a case for exemplary, damages;
there the corporation 10 an agent, the people
are bound for their negligence, but they are
not insurers of the safety OF every wayfarer
on the streets, however crazy, drunken and
whether, in such case, the negligent con.
sible.
lessness on the part Of the corporation proved
In q case where there were lights placed by
the corporation and afterwards extinguishcd
by the wantonness or malice OF boys or drunk
made responsible for an Injury resulting there.
from than could the hundred or 80 OF the sur
yeyors OF road be made responsible for inju-
ries resulting from load Of wood dumped or a
saw log cast across the road at midnight. As
to exemplary damages, he saw no difference
between them and primitive damages. They
were Identical, add could be given only in the
same cases.
- A new trial was ordered.
Dade Hooe vs.. Jesse b. Wilson. Appeal
from the special term on a bill to avoid trus.
tees sale.
The facts out Of which this case grows arc
as follows: Ann r, Dermott, the owner Of the
Avenue House, died In 1850, her estate going to
her heirs. In 1896 her creditors sought to
subject this estate to the payment Of her debts,
and to restrain the disposal or waste of the
property. Pending this suit, Jesse d. Wilson
was appointed receiver, and ss such took pos.
the rents and profits. The suit eventuated in
a decree Of sale, and the property was sold by
trustees named by the court. AT such sale
Mr.. Jesse b. Wilson became the purchaser.
Hooe now sues to set aside this sale on the
ground that the receiver, being In fact a trus.
tee, and having fduciary relations to the sub
ject matter Of the sale, could not become a
purchaser.
The case was argued by Mr.. Mulloy for the
appellants.
The Court, without further argument, dis.
missed the appeal, whereupon, In open court,
an appeal to the Supreme Court OF the United
States was prayed and granted.
The Court, then, at 2 o'clock, adjourned.
EauIrr CoURT-Judgs oiin.-This court made
the following order yesterday!
Fowler VS.. Whelan ct al. Order referring
cause to auditor to report upon the propriety
OF sale.
Adjourned.