The Washington times., 1895-06-04
FAIRGROUNDS IN STREETS
Court Of Appeals Decision in
Favor of ChiIdren's Rights.
RESPONSIBILITY FOR ACCIDENT
Miss Boswell's Case Against the Dis
trict Turns Out In Her Favor.
Opinion Sustaining Judge Cole in
the Travers' Case-Question of Com
tributory Negligence.

The streets must be KEEP in order as
play grounds for the children. This
is the decision of the court of appeals in
District of Columbia VS.. Alice NJ. Boswell.
Miss Boswell. now young lady, in 1888
fell over a gas box while playing in the
street, and was crippled for life. Before
Judge McComas last winter she recovered
damages against the District for neglect
TO keep the street in repair.
The testimony showed { hat several
other perEons had stumbled over the same
box, ana James NJ. Fitzpatrick had COM
planned to his landlord of it.
The appeal was on the ground that Judge
McComas' Interpretation OF the duties of
a municipality In caring for the streets
was erroneous.
The court OF appeals Judge Shepard,
| writing the opinion, says the gas box was
dangerous and the danger had existed SO
hong that proper inspection or the streets
would have discovered ii aud remcIled the
perilous condition.
KEEP THEM IN REPAIR
1t is the duty of the municipality TO so
construct streets and sidewalks and keep
them in repair that they may be fit for
use and reasonably safe against accident
/ at all times. The city is not -csponsible
for every accident when contribatory
negligence is not shown; and unless there
/ is notice after the streets are once il good
condition, is aot liable for Injuries for
lack of repair. But if the dangerous ecu
! dition has existed, as in this case, so Il Dg
/ that proper inspection would have dis
covered il, the law assumes notice, spe cial
notice by some citizen, is unnecessary
/ notice by some citizen, is unnecessary
The question of contributory negligence
should not have been submitted TO the
| jury, but as it was the rule that less care
/ should be expected of Child than or an
! adult was lust The fact that the child
was playing in the street was of no defense
| 10 the municipality. The authorities ought
| 10 direct their work with interpretation
that the children viii use the streets as
a playground
To deny this privilege would be cruel
and unreasonable hardship upon children
OF the poor in every city. They have no
| other place To seek fresh air and engage
in necessary recreation. The Judgment
for damages was affirmed. Six other
decisions were handed down.
is NEGOTIABLE PAPER.
In Henry Lockwood against James W
Lindsey it is held that Mr.. Lockwood's
note for S642, given at Galveston, Tex.
and providing for 10 per cent. attorney y
fee. if not pad, is negotiable paper, because
the Texas law makes such note negotiable.
The law OF the place of the contract gov
erns. The decision below is upheld.
In T. E., A. B., and g. b. Clark, now
| trading as Clark Bros. Lime and Cement
Co, against the w. T. Bradley Coal, Lime
and Cement Co., it is held that lots 1S6
and 1877 and the chattels OF the company
are Liable for a debt of $1,159 to the
Bradley Company, in spite OF the contention
that Clark Bros. purchased the property
without notice OF the Bradley debt. The
members OF the firm contracted the debt
and can not plead a technical ignor-
ance in their corporate capacity OF what
they know individually. The transfers
OF the property to the corporation are
held upon the evidence furnished, to be
fraudulent The decision below is af-
firmed
In James L. Travers VS.. United States
the decision OF Judge Cole is sustained
The court holds that the charge to the
jury in regard to the confession and 10
mental condition was just to Traverss
and as TO self-defense and malice Ii was
too favorable to him.
In r. H. Fletcher VS.. B. & p. R. Co.
it is held that the employees OF the
company have the right to throw timbers
off the construction train as it moves
along the street and il il contributory
negligence for any one to stand in the way.
The practice OF throwing off timbers
has continued long and the danger is well
known. The act by which Fletcher was
| iniured was not in the roads service.