, 1869-04-01

flts court IneIe VIZ Cf euG31bS bat tituc new
tocraed upou sha oonditlan of nucIs h. ii, - a
crowded street caF. Upon thla pNI: the Goan
tcayl Ine..ae.ed That Passengers uroa hora: rai-
guilty OF negligence etsapsy becanso they may 10
Standing o. o. tss n, platform ot ea1s IN mo
Of the company IRE IN the hablt, with The knovi-
edgt md assent Of the company, Of receiving and
Carrying % nssssnTe,s T MON the platforms t,rc<pect-
not In this case he jn.T believed, from Tie
evidence, that the accident wzs pccaaouetf tr the
driver turning the brake of the ear In 80 sudden,
ceAsed OF from and under the wheels Of the car,
e.se md akll4 the deceased being In the e1escise
~ so~e1e1 som. lG qosltacasioa u FRET sae .o7c by
the defendants Instructions, ~ that q passenger
posIon 1ean e "no e. s0an. ea mann sa e ps
such, Is bound TO e1c1cisc care and .dI9ence pro-
porronef1 10 the danger, the Law reqalrtn1 OF
psdiny cs9s aoa ana esason E % ssod nasy from The
accidents to which that mode Of travel exposes
him 50, also, Il deceased tfthls seat or placc In
Der no obligation % restore SAID seat OF plscs 70
hin, unless ~ notified the agent Of defendant OF
the loea Of his seat OF place, and requested the
~ sane @f snoas e Mo1a aaa 1aa
uzck whence It ran At one time during the TIP,
ana Young got upon an oEcroated car, into
upon hlmsell OF the ksulng from the crow,l and
any injury that might ar1se thefefrum; 30 II hAy-
Ing taken position On the front step Of the car,
he engaged In scuning or r!AylnR and TINS con-
trbnted materially to the ltufy, there could BE- no
recovery.
e7zur r1yna-
Robert EtnArt ct al. for the use Of s. AcEIeaen,
=. CITY OF CnIcA9o This cAac ZEE occupied Judge
Porter and Jury during fifteen days il tA insu-
tuted to recover from the city several thousand
DOLLARS alleged to he due upon the contract OF
Stuart GRAY, fir the paving. 5cL, Of Wabash nv
enue, from Randolph 10 TNenty-second street
The case WAS given last evening 10 the juty.
The 1nYtrrettons given tn this important ease re-
law: II the planttGa, Stuart md Grey, eatered
into contract with the city 10 psye, DC, Wabash
avenue, and subsequently thereto the city inter-
fcred with the progress OF .ht work to the de1f
lnen1 Of the contractors, then they would be entl-
tied to the amount Of the ennsequent: damages,
original contractors The city Of Chicago has COZ
uol Of the streets, to the exclusion q al private
persons, and the Board Of Public Work. - Agents
Of the city, hare the powcr to control aod improve
such streets: 50 u they, az auch Agents m1de the
contrsct the contractoEs wcFe entitled 10 the
possession Of Wabash nyenue for the pur-
pose OF, and,~~nere needed, IoF naEio1 TIC
Improvement under me contract wherefore
II the city. by is agents, a1tef contract modc rc-
fused 70 Jteid q Tue street Mhere need
I'd or permitted II 10 be othefW1He occupied where
the improvement IVES IN p1uREcss; Of Il they inter-
feFrt with the progress OF the worN under the COZ
tract BY engaging IN other and different woff, or
neglected 70 DO any act which the contract requfr.
then there was ground for recovery In the
ZANE view, II IN engineer Was 10 bc and WAS fuf-
ntshed by the city to gtye stAkes In order to enable
the contractors to grade the street. and II the en-
Elnecr neglected his duty, the detention caused by