, 1869-08-27

possibly caLL AnA the witness from tllc1sn nsa
xooVr you the absolute neccazltJ Of tne pracucc.
40 one WHO has betn Ia large city, tnfnu9n Woos1
eentre 3 siyer run8 which Is DavtRaote Or consti-
tu1ta hsrbor, but knows that somctning q taa
ttpd Is absolutely necessary N naVi9auou., -
that hare no doubt a. all that toNtne sssse.a y
mtans of tugs ont md 10 the hatbor hers To nan1
n navigation und shst that right il not 10 pe N.
ieTfeYtd with. TIE defendants ~ toia Gss hos
only contend for that Int contend taas sne5 au
rab}e Tate1s-haa + right u going out of the hat-
boz UNDER ceYtntn 6rcums1ances. 10 70 our Ae!n
foremost; md that 1hen they ieaye ths na1oos n
should be dropped from the bows Of the sessel for
the purpose Of her proper MANAGEMENT; ano
the! orphaned to YOU me feasona oota W a1s, tae
or thfee witnesses were e1aEaInet upon ma
point ard, rpon intination from the counsel tnas
BE- haa ~ o.aeE ss m supes: an
piaint;a, I.uinssed 70 ii. Eumons that It would
Sow sa e sney stsse 9s - nnder
1t ls proper and the best way OF leasng the hatbor
to 50 out N TINT manner, and they have explained
whJ; and lupposc that, IN the presence Of tbs
stluony-uncouI1adlctcd as II ls-as question
Of fact, we 11ay come to the conclusion that fos
vessel TO 20 ont sternforemost under certain ctt-
curustances, when the weather u unfaTofahse or
The wind high, etc, is the proper method, arag-
EtnR the anchor from the bow to srcaly her.
"And, IN gty1n9 you further instructlons. aont
zee how can proceed without assuming THAI this
Ia N Incident TO the navigation OF erc Aenono.
nee, ns well as the Aiwaukee ao4 other rivers.
".Then tese comes the right OF navtsat:on and the
right Of the plaintiff to lay tns pipe at the bottom
9! Vie RIVER. Sow these two stgnta have to te re-
conc1led In some way. Mr. Brown, Oh the part OF
the plalnu, consends that The nlAutiH, ha!ang the
proper manner Of course, thar any injury done to
that pipe t1Hst he compensated for By the party 80
tnpatstnE IT, aud that both rights lelnE cauai, the
party 90 lnurtlnr the Injury nust pay the damage.
| have already stated to you TINT these rights Of
crossing i've. ard naytgab1c streams mIsi be al
eating The river, and therefore 1 AM Of opinion
that the rights arr not quite equal, but That the
| free navigation Of the liver IL au Inherent right
that canLo: be int'nged q. A. and sha', While YES
Jury TO ANYTHING of this description not wa9.onlY,
noF WiIulls, nor neglcc;!ngly, they ars
wlliuir. Of course .heJ would ee responsible, aud
II they 10 al injury from eatelessness thtnE they
woul1 te retponskoe, tAt not otherwise, so taht =
a vessel y free fson fault rad from malice 9
Epeaf. ot tou.ec. OF the Persons commanding ths
vessel. In tunictnR au injury upon th!s gas pipe
Tot rtnltauce-howeTcfs settous that injury naJ 6e
| however well the nnF1Satof may have Known tha
| the pipe VAS there, there y no scne,ls. and thu
gas company WILL have to sustain the damage Il
te,t. ansi ne rohls tae lnconvenirnee which e
| be Responsible. The TRht OF payigRtnrA, In
20 IT ~. - fse 81 s15ssms s, a5s set
The case wAs taken 10 The Supreme Court, ar,
the charge Of Judge Macarthur Is adopted oy III
eoIit Is Its crtplon, aud will bc reported in II
next volume OF Wsconslu Heporta, 40 that th
charge has DOW the full force OF = decision a ii
Supreme Cous: Of that Stale. after full and sDlem
argument on both aides, the bE,efa aud argument
| OF counsel being TsrJ fnll
trust that, whatever shape legislators Bha
takc uron tho subject. t1at the rights OF all wlI
considered, and that The city will not forget
whom md to Whist ita prosperity L mainly du
and Eot hold cheaply the small things whicu hat
been 80 fruitful N mating ner the gem and MI
trcss otsthc l2kes- RpnKRT HAE.
CHICAGO, August &c, 1850.