The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-13
EAvE WE Any CITY ORDINANCES

Important Point Raised i'm a Suit for
Damages Against City Railroad
Company-Strangc Oversight OF Poll.
ticians at Albany and Worse Blunder.
ing OF Our city Fathers.
In July, 1871, Robert A. Squires, q boy nine years
old, was run over by one OF tue cars OF the Belt
Line Railroad at the corner OF Lewis and Eighth
streets and killed. His father, John A. Squires,
brought suit against the company for $4,000
damages, the extreme penalty allowed In such
cases. for the Killing of his son. The case has been
on trial before Judge scdgwick, holding Trial
Term Part ?, OF the superior Court. Everything
started on very smoothly for the prosecution. The
circumstances OF the fatal casualty were reclted
by three witnesses with great mnuteness OF
detail. OF course the material point was to prove
negligence on the part of the railroad company.
Several witnesses positively stated that the speed
OF the car IN rounding the corner where The acct
dent occurred, was not slackened, but that the
horses were kept at round trot. But this was
not enough for The prosecuting counsel To clnch
the matter there was offered As evidence an ordi.
nance oil 1865, prohibiting rate Of speed greater
than walk In going round street corners.
II object 10 that ordinance being put in az EVIL
"on what groundfs' asked tho opposing counsel.
ION tne plainly simple ground sn Nat It Is no;
ready quickness so characteristic Of him.
At the novelty or such a proposition the environ
ment OF counsel as well as the learned Judge on
the bench gave q united look OF astonshment.
They we're evidently curious to know what tho ex-
Mayor would prove but as the result turned out
lie did prove 1t as plainly and clearly was ever
demon strated a proposition In Euclid. He showed
that there were no ordinances Whatever now I'm
existence, because the charter OF 1870 had repealed
expressly all prior charters with0u saving acts
done under them and providing for 0rdl-
naaces under 1870. In his argument, ut
Terry lacking in the ordinary clap-trap
Oh technicaities. he could not resist
IN The one case and dilatory legislation IN the
other-hasty legislation at Albany In making such
an egrcglous mistake and dilatory legislation In
tne common Council In failing to readopt the ordi.
ra.ces mus legialated out OF existence. Judge
eeogWick ruled with the ex-Mayor, and would not
humit tue ordinance as evidence.
Inc ABOVE, In a legal point OF view was the only
Eethy Important question raised Oh the trial The
result Vi the rial was that usually following such
cascs-a verdict lor the full amount cisimcd
Jurors are more open 10 sympathetic anpeaIs tnan
10 any legal points, and particularly IN weion,n,
the loss OF human life against tie
ple.horc exchequer OF a railroad CORPORATION on
the rendition OF the verdict however metion oas
made to set II aside on the ground Of excessive
damages, and also motion for stay on anpeai
1his motion will be argued this morning
"The new charter" said q political gentleman
OF things developed In Mayor Hsls argument and
at ought to-" answered LAWYER acoDcally.
AFTER all the tinkeriDg legislation at Albany"
remarked third party. ''it Win not De surprising