Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1874-02-19
GaBipoffs.

SalEua ~ Oh
mon Pleas on Friday and Saturday,
before Judge PLANTS and q jury
Messrs. HEpaRD and HAMPTON ap'
peared for the plaintiff. while SIMEON
NAsH and WHIrE & HoLeoAB ap-
peared for the city. II appears thst
in 1869 the defendant dag a ditch
along Front Street. between Cedar
and Sprace. in order to drsiR the wa
ter from Second and Third streets.
Inta tl.is ditch on the lah OF last
August the plaintiff fell. aad ssdam-
ages therefor sued the city for %.
Oe0 The jury retired on Saturday
afternoon. anil brought in a verdict
against The city for $500. A second
trial was allowed. The plaintiff tes-
titled as follows:
al reside on Front street. IN this
city There is a verg poor sidewalk
between Cedar and Spruce; not very.
vide: don't know its width. live
on the west side OF the street There
are bitches: the sidewalk has eavedI
off into the gutter Cutter about
eight or ten feet wide; ahhat five or
six feet deep. I.fell into it some
where from Minnie Nichols to the
old brick house Mr.. Dunn owns the
two next houses; live above ar
Dunn's houses: ditch mol eosered,
it was 18th OF August that | feil,in
| was going along, gave spring and
my foot gave way, this turned me
round, aud ! fell on my left side.
This was about eight O'Clock ia the
evening; just after dark: had besn
down to Mrs FrOideveaux's .honae;
was going home. | waa injnred, l
was hurt all over; was numb. didn't
think | was hurt as bad as was;
took q chill. and from that On felt bad;
no bones broken; side Of my head
hurt. Had DIR Morgan Tor physi'
clan; was confined to he'd for two or
three weeks: couldn't get out without
help Have had a hurting between
the shoulders; hip and head hurt;
nv laneness continues; stilI nae rem
edies; a not do hard work, have
not been out of the ysrd until to-
day. since | was hurt. There are no
lights; no protection 10 ditch Cross
erammfd: Don't know whether | was
here when ditch was dug; WAS up
and down street often; knew the
often was there; had been dawn street
twice that dav. The sccident hap
pened between seven and eight
o'clock in the evening; it vas dusky;
not raining; don't know whether it
was cloudy; twas dark. Have been
in the ditch three times; the third
time is the charm. Knew the edge
broke of; | walked a little. too nesr
the ditch, | reckon. Recalled: On
the evening / vas taking some t1ma:
toes in my apron to Mrs. Froide
yeaux: she was not at home; was at
a neighbours; part | had in the apron
were mashed; part went out. 1t
rained the day of the sl Wv the day
before accident I hal u company
of nine people from keystone Fur
mace. walked at the time | fell in
ike I always walk, of course ! wasn't
expecting TO fall. rec,llect the
pools of water on the sidewalk, and
n person woald shun them. hol-
lowed as weHs-to fHff -esoss-eruHr
| med. Hardly know how | got out of
the ditch: had no help; don't know
where ! got out; recollect of going
home; didn't call in anybody that
night; didn't think ] was hurt so
bad, and would get over it. Haven't
been out since | was hnrt, only to the
steps; hurt in breast, hip and shout
ders; have TO put my plate in nv lap
to eat; my arEa gets numb; have had
no assistance in the house only when
neighbors came in
Judge PLANES CHARGED the jury as
followe:
Anything that is dangerous or
unhealthy to the public ia a nuisance
If the city hal excavated with a view
to improvement, and had not means
wherewith to complete this improve
ment, the city vas not therefore eX
cusable. II you find that the i'm
prov ement was left unfinished and
left exposed to he ore-dangerens
than without, OF where persons nigh
fall in, the. city is liable. Or il il
we're left 10 such aeon iition that 8
drunken man, even a drunken mans
life shall not he put in jeopardy Oh
an incaatious nan might fall in. fol
the law is designed to protect tht
weak, humble and stupid, the city /:
liable. The piaintiff mustuse ordinary
care in passing; that degree of car
which she would ordinarily use 10 an
case in her ordinary habits
Wonderful Stories.
a correspondent at Patriot write
US rs follows:
al and two other men we're IN tn,
, woods working recently. when W
espied a green snake, three feet am
= four inches long,. ami about tive fee
. in circumference As we drew close
: we thought il was dead. Int it wa
/ only numb from cold. We cni off il
head and laid it on a stump TIL
next afternoon we went to sec il
when we found it had crawled away
1t had entered a hole in the grounc
and there we found II. with two inch
es of its tail sticking out. w
drew it out, took it home. and place
it by the Ere, when to II astonisf
i ment, it commenced crawling shot
the house After much trouble |
securing il, and after it had run tn
9 women and children out Of the housI
We again killed it. and have il no
Z skinned and stuffed, where it 81 I