Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-30

| #I
D CIRoUIr CoURT-OAIsf Jasfies Cdrtisr.--
| This court was engaged as follows yesterday
VERDICT AGAINST THE CORPORATION or
IN t4l. wAsHISeToN. I'll.
Amos Hunt W. Corporation OF Washing
ton. This Is an action for damages alleged
TO have occurred 10 the plaintiffs property
on Capitol Hill by reason Of what IL alleged
10 DO the faulty construction OF q sewer
trap. The case was resumed at the opening
Of the court, and after some further testi.
mony was Introduced the Court granted
the following Instructions 10 the juryi II the
| Jury shall and from the evidence that the
sewer and ita drop as constructed BY the
corporation was insufficient TO carry on the
water from the Water shed tributary, and
ovcrfowed 10 the damage OF the plaintiff,
aud shall further find that due notlco was
given TO the corporation, and the corpora
tlon neglected for an unreasonable length OF
time 70 enlarge or reform the drop they muAt
and for the plaintiff. ..r. "
The plaintiff cannot recover unless the
jury arc satisfied from the evidence that he
has sustained real, substantial, and appre
clable damages, and that these dam ages
were produced by the mode In which thu
sewer was constructed or covered.
IL the Jury believe, &C., that the founda
ton walls OF the plaintiffs house have actu
ally sunk, and In consequence OF water en-
terlng hls cellar and dampness created there
by II, was rendered incapable OF use, to en-
able them TO find verdict for the plaintiff
they must further believe from the proc
that these things were not oceasloned, II
whole or In part, by the mode In which thu
houses and cellars were constructed, or frou
tho fall Of water operating 10 connection
with the material condition Of the soil
and must also find that the plaintiff used al
necessary and proper precautions 10 proven
the water from entering his building or eel
lar, and TO exclude dampness from II.
Ifthe jury 1nd, Sc, that the sewer will
It's trap In the case at issue unobatructet
was sufficient 10 carry on the water which !
was constructed 10 drain when unlncum
, bered by distractions, and II they shall fur
ther find from the testimony that the over
, noW committing tho injury In question wa
superlnduced by the obstruction upon tn
! drop, before the plaintiff Is entitled 10 re
cover thOy must further hnd that the cit!
was duly notified Of that condition Of th,
. sewer with reference 10 obstruction, ani
! that for an unreasonable length of time ne
. elected 70 Improve the sewer with referene
> 10 such obstruction. m
, Another Instruction was that the plaintiff
II entitled at all, Is entitled only TO compen
. satlon for damages actually done.
} Mr.. Cook asked a prayer 10 tho effect thai
the Jury could not ind for the plaintiff Il
, they found that the debris which choked the
sewer drop was occasioned by tho citizens Ii
the neighborhood not observing the cltI
: ordinances relative to keeping tho gutter
clean. E 500 uH
Judge Cartier said the law did not apply
10 alleys, and this drop was on an alley.
Mr.. Cook asked for an Instruction 10 the
eject that no verdict could DO given for thu
! plaintiff II the sewer trap was sufficient Il
carry on the ordinary rain fall. ..
. Judge Cartier altered the prayer In som
J particulars. ... .. ..H d. ..r
Mt. Elliott. Well, sir, how docs it rsa,
nowl
/, Judge Cartier. Well, sir, Il reads cord
nary food" that Noah's food Is not to b
. anticipated.
. The case was then argued TO tho Jury b
I. Mr.. Elliott, for the plaintiff, and Mr.. Coo
q for tho defendant. The jury found q vor
} diet OF $500 for tho plaintiff 90.
Maryland Marble Company VI. Flannsr
' 4 Flannory / Judgment confessed.
Burlow and Fague. By agreement @
q parties In this case, portion OF the Judl
: ment Is renlttod and amount Judgmen
9 fired at $3.50. ~ 1 H'
Q. l.. Page ys. Francis T. Stewart. Thl
Z ls an action for ejectment 10 recover posses
elon Of part OF lot 81, In square 40I, o
!. south + street. This case was not cor
9 eluded.
l oAsHs TO-DAY,
y Tho following cases are set for trial L
: days Nos. s4s, Sl6, S05, 140, 500, 400, IS
. lle' ~, ~ al ~ and 49, A"
y AulOuined' --Al. ...
i sUrRHMH CouRr or ruE UNITED STATES.
THssddv, March 20th, 1S70.-On motion
g Mr.. Riddle, Jason Canheld, esq, OF OhIt
, was admitted to practice as an attorney an
counsellor Of this court.