The times., 1900-12-22

The Commissioners have received from
their Attorney an opinion upon the request
of E. A. Atchinson, that the owner Of
premises COS L Street northeast be re-
quired to move his shed from the public
alley in square So. In reviewing the case,
the Attorney says:
1T appears that on May 13, 1897, the
Commissioners passed an order approving
the subdivision of lot IA. square sSZ. by
NJ. T. Caldwell, the owner thereof, and on
July I, 1897, said subdivision was recorded
in the Office of the surveyor. Said lot as
subdiyided contained three lots fronting
en- l. Street, and in the rear of said lots,
opening into Canal Street, was shown an
alley five feet wide, adjoining lot IS, in
said square"
The Attorney then recitss the law hav-
ing application TO the question quoting
from the act to regulate the subdivisions
of land within the District OF Columbia,
approved August o. 1888, which provides:
That all spaces on any duly recorded
plat of land thereon designated as streets,
avenues, or alleys shall thereupon become
public ways, provided they are made in
conformity with the provis. ons Of section 1
OF this act, and such be under the pro-
lection of the laws and ordinances in force
applicable to public roads out of said city"
Continuing, the Attorney says: Section
l authorized the Commissioners TO make
and publish such general orders as may be
necessary 10 regulate the plating and sub
dividing of all lands and grounds, etc.
THE Commissioners en- December 6,
1855, made certain general orders under
tb. aff+h rig nd To
time amended them" After quoting the
orders made and amended, as based upon
the law quoted, the Attorney continues:
1t is matter of very grave doubt wheth-
er the approval OF this subdivision. so far
as the alley was concerned, was not i'm
proyidently made by the Commissioners.
The land was treated as though it was
outside of the city of Washington. and as
IL the proposed subdivision was a subd-
vision of the subdivision. and not the sub
division of an original lot
If the approval was made upon the ex-
pectation of acquiring FIVE feet more land
from the contiguous lot in order to form
ten-foot alley this is practically out Of
the question, because the contiguous lot
is occupied by brick building Whatever
may have been the occasion of approving
the subdivision, in point OF fact no alley
has ever existed, and recognizing this
condition of affairs and the improbability
of securing an alley of the requisite legal
width. the present complainant, who was
then the owner OF the three subdivision
lots, in July, 1888, built three houses
thereon and placed over the alley space
three wooden sheds. He has since sold
one Of the lots with the house and shed
to Howard Carver, and he now desires the
Commissioners to cause the shed erected
by himself on the lot which he has con-
veyed to be removed as an obstruction to
a public alley.
THE alley is out of public use, and Mr.
Atchinson the only one of the public i'm
mediately interested therein. seems 10
have ignored it and TO have built upon it.
Under all the circumstances l am Of
the opinion that the Commissioners should
not comply with the request"
II is understood that the Commissioners
viii approve the recommendation OF their
attorney and that Mr. Atchinson will be
informed In accordance Herewith.
Blackstone & Flora. acting as attor-
aeys for Maria II. Rollins, have recently
written to the Commissioners relative to
Il claim fer damages made some weeks
ago in behalf of their client for injuries
sustained by falling through coal trap
in Street northwest, near Seventh
Street. The attorneys ash to be informed
what action, il any. the Commissioners
viii take in the matter.
Ap investigation was made of the facts
N the case by L. P. Bradshaw, of the
Engineer Depsztmen In his report to
the Commissioners he states that Miss
Rollins in company with Miss Wilmer
and Mr.. a. L. Crosby. was passing west
ward along E Street about 6:45 o'clock
on the evening of October 10 last. On the
frontage of the May Building she stepped
upon the iron covering of one of the
vault openings Of the building. Mr.. Brad |
shaw is of the opinion that this cover
ing had been in some manner displaced |
between the time of closing the building
and the time the party described passed |
by. The covering being loosened from its
supporting framework gave way and pre-
cipitated Miss Rollins into the vault be-
low.
Mr.. Bradshaw states that she sustained
injuries, besides shock. in the nature of
bruises and lacerations of her limbs and |
body more or less painful in character, |
which confined her to her home under a /
physicians care for period Of three |
weeks.
Investigation into the condition of tire |
cover at the time of TIE accident shows |
that 1t was shut and made secure at the |
time of the closing or the building. The |
opinion is expressed that it was pried |
off the framework and loosened by some |
boys who were seen near it by Mr.. |
Crosby, one of the party.
With reference TO the liability OF the |
District Mr.. Bradshaw says:
There is none. In the first place |
there is wanting the essential element of |
notice. either actual or constructive
that would support an action at law
We're the element of notice present-and
it is true that such things exist in the
sidewalks by municipal license-yet the |
city. deriving no possible advantage from
such use of the sidewalks, but the condi- !
tions existing for the sole benefit of the |
person using it, good law would require |
that the District does not thus endanger !
the safety of others, and would place the |
ultimate liability upon the owner"
1t is understood that the Commission |
ers viii approve the report of Mr.. Brad
shaw and that the attorneys of Miss |
Rollins will be informed accordingly.
The Commissioners yesterday received
several communications from parties in
terested in the prohibiting OF the location
OF the Columbia market house at the cor
ner Of Fourteenth and V Streets north
west. The principal Of these was from
Irving Williamson. who presented various |
facts and an argument TO show that Il
would be harmful TO the property inter-
ests OF the locality 10 have the market
house located there. He called attention
to the fact that the paper presented in
connection with the application for license
has the names OF parties whose consent to
tho proposed building was obtained three
Or four years ago. Mr.. Williamson SAYS
this fact is important as the consent thus |