Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-02-11
Grave Question Decided.
THE LIABILITY OF THE DISTRICT ARISING FROM Dl
FECTS OF sTREETS-AN IMPORTANT DECISION

THE LIABILITY OF THE DISTRICT ARISING FROM DE
FECTS OF sTREETs-AN IMPORTANT DECISION IN
TIE COURT IN GENERAL TERM
In the case OF Ann j. Clarke against District In
the Court in General Term to-day, the Judgment OF
the court below IN favor OF the plaintiff, was re-
versed and the case was remanded Mrs Clarke
alleged that on the 18th Of December 1880, by the
default Of the defendant, 1th street west, becoming
dangerous TO foot passengers. by the accumulation
OF snow and ice upon 1T between Pennsylvania
avenue and = street. where Passengers were COM
PEELED t' pass i'll making the transit from the cars
over the Avenue tn the over 9TH street, to wit:
"a large mass of snow and ice, heaped and thrown
mp. 50 as TO ca,,Se high and dangerous embank-
ment, the west side OF 7th street. between Penn
SyIvania avenue and street aforesaid the same
not being protected by barriers. lights or signals,
By Reason whereof the plaintiff, while carefully
walking over said 9TH street to take car going
soush. along the same, fell and broke her hip.
in the court below she obtained verdict for
Si.A0. IL was admitted by Mr.. Riddle, represent
ir., the District, that the amount OF damages was
NOT excessive IL the District was liable; but he
the people OF the District they are not liable in
corporate capacity or in any FORM for injuries arts
ing from the detects OF streets, avenues and high
ways. The District claims that the accident did
not happen At the intersection Of the Streets but
south NJ Pennsylvania avenue, the sidewalk OF
which; the court ruled. the District was bound to
keep clear
Attention called in the argument before the
Court In General Term to the series OF rapidly sue
ceeiing storms Of uneXamped severity In this lati
tude- continuing from Monday TO near n1ghtfall of
Friday, followed by a rainstOrm on Saturday, the
uitN pt the dtciutnr. ana tne attorney Ine DIS
rict says, ITO hold that the District should have
had this intersection clear the time is to hold 1t
Responsible for the impossible"
The District claimed that the Judgment should
Dc reversed for Gkaliow!ng the following prayer OF
defendant: "The District Of Columbia Is not re-
quired by any law clear the carriagewayS OF the
city OF Washington OF the snow or Ice accumu-
hting thereon from natutal causes"
The brief submit ted in behalf OF the District says
that. las WAS expected. the verdict III this
followed by two or three suits for injuries caused
by Show and ice. 1t Is important that we have
from the court clear and accurate declaration OF
the law upon what has at length become grave
question to the District"
THE DECISION
Chief Justice Cartier delivered the opinion OF
the court, and after stating the facts of the case
he said the point made that no liability at
tachcd because OF peculiar condition here OF the
government: that Congress has provided no ways
and means TO atone FOR damage such as this, and
the District II seemed Therefore. was not obligated
TO pay such damage. There was a disposition on
the. part OF some for a municipal government, but
he believed that 1t had been demonstrated that
THE LESS VOTING IN CITIES THE BETTER.
The sovereigns had the right here, however, to
resolute and go home. 1t was pretty hard under
our theory OF government. but he did not believe
that the Constitution contemplated popular
government here. and IL was doubtful whether
Congress could delegate It's legislative powers. 1t
was urged mat under this state affairs Congress
should pay'the damages. and that seemed Just.
While We have right to complain theoretically,
We hdv" noEe in fact The government had come
1uGcttrnS and should answer. He asked what was
The liability OF the District as TO the safety OF the
streets. certainly not greater that the corporation.
Here we have snow. Is Ii to be moved? Is it to be
endured: Ii would not snow unless Providence said
50.
THE SNOW FALLS or THE JUST AND UNJUST,
the Wise and foolish. and its author does not stop
to ASA ii Will receive 1t. and it comes down for
us TO endure. The proposition that the District
should clean off the snow that falls is not greater
on The corporation than the citizen, and when the
Snow comes. II You don't want to endure ii, keep in
the house; II You don't want to slip put on cork.
The third person. never take as much care as you
can of yourself, for YOU have your full senses This
was memorable storm, showing every day in the
week TIL Friday, and rain saturday, and the
court below was asked by plaintiff 10 charge TO the
District an act OF God He then discussed
THE QUESTION OF NOTICE,
and said every one knew il was Sushy and Slip
perry. and ne rdicued the idea that the District had
any more notice that there was danger at that
point than at others He closed by saying that con-
struc've notice must rise TO the dignity OF actual
as To strength Of proof Ii is Intended to supply
the place OF 1t in instructing the jury. He there
fore reversed the Judgment