The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-05-24
cessIons whleh are offered By the como

cessions which are offered by the COM
sExperience has taught the city that
it Is necessary that some provisions be
placed In franchises of this character to
assure the city thai the streets which are
torn up will be promptly replaced in as
condition as they were found. IL
seems to me thai the company ought not
in this ordinance.
III such an ordinance is introduced and
passed by your Board. it will meet with
"Respectfully submitted,
Mayor
Received and laid over until the next
regular meeting.
From his Honor the Mayor
Jersey City, May IL, 1899.
Honorable Board of Street and Water
Commissioners
Gentiemer-T earnestly request your
Honorable Board to pass a resolution
which will compel all parties who may
have occasion to opeLl streets in this
city to first apply and secure permission
from your Board for that purpose. It
is absolutely necessary that the city be
able to fix the responsibility for the tear
ing up of streets in order that such par
ties can be compelled to properly repawe
the anne.
EDWARD HOGS,
Mayor.
Received and nled.
From his Honor the Mayor
Jersey City, May Is, 1899.
Honorable Board of Street and Water
Commissioners
conference.-the residents of Ferry
street, this city, / am informed, are
very anxious to ave hat street via,
ened. l am also informed that the mat
ter has been presented to your Board l
urgently request that you give same your
immediate attention, and if their request
be a reasonable one, that you grant II
without delay.
EDWARD HOGS,
Mayor.
Received and filed. IS
From His Honor the Mayor
Transmitting communication from Earle
Insley in relation to the drilling of trains
across Pavonia avenue
Received and ordered filed.
From the Board of Finance .
Transmitting resolution passed by said
Board. May 8, 1899, and approved by the
Mayor May 8. 1885,
Resolved. That the Board of Finance
hereby concurs in the following resolu,
ton, adopted by the Board of Street and
Water Commissioners. to witt
Ordering paid the following claims:-
: April %, 1897
United Gas Improvement Co., $3.50.
Thee. Smith & SONS Co., sloO.5s. claim
Theo. Smith & Sons Co.. s44.OS, claim
No. 772.
James Coyle, $50, claim No. 235.
United Gas Improvement Co., $s.25,
claim No. 49S.
Fl. R. Worthington. s459, claim No. AZ.
James Mcdonald, SILT so, claim No. 517.
Fox & Engel, $166. SO. claim No. 291.
A. E. Nolan, $40. Is, claim No. 51S.
A. E. Nolan, $3.50, claim No. 500.
May 20, 1885,
American Electrical Maintenance Co.,
$3.50, claim No. 127.
John A. Whelan, $500. claim No. Ais.
James Coyle. s1sl.ss, claim No. 2s2.
James Coyle, $685. II, claim No. 253.
Received and ordered filed.
From the Corporation Counsel
Jersey City, May Is. 1899.
To the Honorable the Board of Street and
Water COMMISSIONER
Notwithstanding the facts to be as
stated in the petition of the New YORK
Condensed Milk Company, a horse driven
in Summit avenue fell into an uncovered
smanhole'' in that thoroughfare. One of
the animals legs was broken and it be-
came necessary to shoot him. he was
valued at $3.50 and the company seeks this
amount from the city. The accident oe-
CURED at three O'Clock in the morning,
and it is sought to hold the city liable
because the fact that the "manhole" was
uncovered and unguarded is evidence of
negligence on the part of those charged
with the care. of this sewer. | have to ad-
wise you that the city is not liable for the
loss suffered by the petitioner. In many
States this would be otherwise, and the
law Of New Jersey might appear sounder
If If held the municipality liable in such
a case. But the contrary doctrine Is
established.
II Vroom 157, it is stated to be the set
fled law of this State that an action
will not lie In behalf of an Individual
who has sustained a special damage
from the neglect of a municipal corpor-
alton to perform a public duty, unless the
right to sue for such an injury is given
by statute, This case sustains the case
of Pray v. Jersey City, 8 Vroom ~.
There the plaintiffs horse was fatally
injured by coming in contact with the
stone coping of a "manhole," the acct
lent happening because the city had me-
elected to properly fill in the street. 1t
Is said in this case, and there has nos
been any departure from this PROPOSE
ton. except where statutory liability OF
has been enacted, that the ne
elects of agents of the public, in the dis
charge of their leg. innate functions. can
NOT constitute the basis OF an acIiofi II.
behalf of IN individual who has sustain
ed a particular damage"
Respectfully,
ALLAN l.. McDERMOTT.
Received and ordered filed.
From the Board of Fire Commission
Transmitting resolution passed by
said Board May II, 1885,
In relation to the Erie track elevation
and the placing of a fire hydrant on the
north side of Sip avenue, about nifty rect
west of Garrison avenue.
Received and ordered filed.
From the Commissioners of Assess
ments:-
Certifying to the Board that no dam
age will be sustained by reason OF change
of grade on Bidwell avenue, between
Ocean avenue and Bergen avenue.
Received and ordered filed.
REPORT OF THE CLERK.
Jersey City, May 16, 1899.
To the Honorable Board of Street and
Water Commissioners
Gen~tiemen-The Commissioners of AS
sesment filed with me on this date their
preliminary map for the construction OF
a sewer in Sixteenth street, from Grove
street to and connecting with sewer IN
Jersey avenue.
Respectfully submitted,
GEO. T. BOUTON,
Clerk.
Received and ordered filed.
From the same officer
Reporting that the contractor for street
cleaning a filed with him a schedule
of the streets to be cleaned during the
week ending May 20, 1899.
Received and ordered filed.
REPORTS OF CHIEF ENGINEER.
The Chief Engineer reported certificates
in favor off,
u. W. Conlon, $500, on account Of con-
Fox & Engel, ss,0o2.o7, on account of
contract No. 1,1S9. -oo
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