The Providence news. (Providence [R.I.]) 1891-1906, 1899-04-04
Gutter Filled With SAM Prevented Flow Of
Water and Ice Was Formed.
CONTENTION OF THE DEFENDANT.
II Was That Plaintiff Old MOI Exercise Proper Care,
Otherwise She You'd EOl Havs Stepped on
Ice That Caused Fall.

Before Judge Wilbur and a jury was
tried today the case OF Margaret Nc
Gowan against ID. l.. ID. Granger. city
treasurer Mrs. McGowan sues 10 re-
cover $4,000 for injuries received by
falling down by reason of an obstruc-
tion on Barton street on Jan Z, 1898.
The plaintiff in her declaration al
leges that the city was guilty of negli-
gence in permitting gravel TO be piled
up in the cutters on Barton street near
the corner OF Westminster street. The
cutters were filled by a contractor who
was removing the sand from a lot at
the corner Of Barton and Westminster
streets i'm orGer that his teams might
more easily go over the curbstone. Some
OF the SAND from the wagons dropped
In the street and t is claimed, was
swept into the gutter to make it easy
10 move teams anu the sweeping pre-
vented the water from running into the
sewer on the night previous 10 the
morning OF the accident there was "A
cold rain and the water not having a
chance TO flow TO the sewer froZe on
the curbing and when plainuff stepped
upon the curbing she snpped. Her arm
very severely and permanently injured
A number OF witnesses were called
on behalf Of the plaintiff. At the con-
clusiOn Of the testimony for mrs. Nc
GOwan city Solicitor Cowell asked for
"A non-sut on the grounds that the ac-
client was due To ice. and the city was
not responsible until it had twenty-four
hours, notice of formation OF lee,
and because the plaintin was lacking
i'm the use Of ordinary care because she
admitted herself that she did not look
where she was going. Mr.. Colwell said
he never heard Of a case where more
lack Of care was shown by the victim
of an accident.
Thomas f. Farrell, who was assocI-
uted with r. r. Thompson as counsel
for Mrs. MCGOWAN. said that the plain
tiff relied on the case in the 10 II. |. Re-
ports that where an accident results
from two causes and could have hap
pencd without the ice, the action may
be maintained without the proof of no.
tice 10 the city. If there is an aggrd-
Vating cause. as in this case. Mr.. Far
rell thought II clear the motion should
not be granted. and said the plaintiff
had one foot on pile of rough gravel.
carclessly put in the gutter, and the
other on the curbing. If the gutter had
been clear, as IL should have been, IL
would be impossible for the accident to
nave happened. he lUouSUl Only biuI-
nary care was necessary i'm crossing n
highway and that one was not bound
To examine every step carefully that
was taken.
Judge Wilbur said IL had not been eX-
aCtly defined as to just what party
was bound 10 do in crossing a highway,
but the law required one to Use ordi-
nary care. and il seemed the only point
i'm this case was whether the plaintift
had exercised this or not. She had ac-
cording to Mir. Colwell crossed the
street diagonally. and as the other parts
of the street were clear. and, accord
ing 20 the statement by the other side,
had not looked where she was going.
His honor had the stenographer read
the plaintiffs testimony to him.
Mr.. Thompson argued that the con-
Clusion drawn that Mrs. MCGOWAN did
not use ordinary care was not justified.
and that the case should go To the
jury. He said that Mrs. MCGOWAN be-
fore stepping on the curbing stepped on
the driveway that had been made FOR
wagons To go on the lot.
Judge Wilbur was still disposed to
grant a non suit. but agreed To have
the testimony of two witnesses read
over TO him during the noon recess.
After the noon recess Judge Wilbur
denied the motion FOR a nOn-suit. The
point was a very nice one.
Mr. Colwell said In his opening argu-
mcnt to n Jury that the accident was
due 10 the ice and that no one had
ever notified or complained OF an OBJ
struction on Barton street previous to
the accident.