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Sidewalks---liabilty Of The City

Sidewalks---liabilty Of The City image
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Wegive bclow the charge of Judge Hionv, in tlie case of l&ABTEH aguinst the City of Ar.n Albor, the resalt of which wo au nouncetl last week. The case was closely coiitested, not so mach becuuse of the amount of damaire claiined by the plalntliï and immediately in issue, but because oí the principie involved: Gentlemen of the Jury : Til Is BCtlon is brousht by the plaintifVs agalnst the defendantu for tlie recovery of damages for injuries alleged to liave been received by ttie plalnttff, Oyntbla Masten, the wife of the other plaintift', causeel, as Claiined bv tlie plalntlff, by herfaliing opon a 8devalk in the city of Aun Arl)or, it also beitig claiined by the plainlill's thal by the negligence of the defendant STicIl sklewalk at the place where slie so feil was out of repair, and blockeil up and obstructeil hy accumulations of ice and snow, anil tliat her fa!) aml consequent injury was caused )y sueh obstructlons, and by the walk being out of repair, without any uegllgence or fa u ! t of lier owu. You see, gentlemen, that the foundation of the action anti claim of the plaiutilfs is the negleet by the defendant of a legal duty claimed to bc. iinposod upou it, and to sus taiu tilla, under the ileclaration In thiscase, it becauie neecssarv for the nlaintifl' to show tliat it was the legal lty of the defemlant to keep the sidewalk in question, on the eost Blfle oí División street, near the córner ol Ann and División slreets, at the place wliere tlie lnjury occurred, In repair, 4ud íree froin obstructlon by bbow, ice, üirt aiu) woorl, and that the defendaut neglected such duty, and by reason of sucli neglect, the plaintiff, Cynthia Masten, recclved the iujury and sustained the danrnges of ivhich Bhe complains. In reference to the duty of the defendant?, I charge you, as requested by the defcndant's counsel, that ; Uy the act of incorporation of the City of' Aun Albor it is nol made the duty of defemlants to construct sidewalks or to keep them in repair after being constructed. Power and authority are given them to do so, bilt such power and authority are of a lcgislative and discretlonary charactcr, and it is wbolly dis cretionary veith the Comnion Couucll whether it will exercise such power or not. Therefore the defendant is uot Hable iu a civil action for injuries caused by a defec Uve sidewalk. It is, therefore, yourduty to glve a verdict for the defendant. Also that thf-re is no legai evidence Id this case that the defendant or auy of its offleen ever laid or aúthorlzed to be lakl any plank walk on the east side of División street, or ever cxercisod any control over ay such plank walk, and, therefore, the plaintiff cannot recover. 1 refuse the plaintill's request to charge, except the 4th one, in reference to the nicasure o[ damages, which is a correct statement of the law, though, onder the charges airvad y given, inmaterial in this case. We did not hcar Anna Dickixsox ou Friday cvening last, and hear so niany diverse opinions of her lecture that we shall aot atlempt to write it up. As usual shc gathered a fuil house of ndmirers and curiosity seekers, attractcd alike by her fame and crinoline, her acknowledged ability as a speaker - for a womaii, and hor reputation for saying tbarp tblogs Her subject was "To the licscue," and it turned out that man was the being to bc rescued, and that it is to be done by women, through the ballot box ; though we understand that she did intímate that marriage migbt have something to do with it. - Miss Dickixson remained in the city over Sunday, and on Monday visited the University, anti hcard a lecture by Judge Cooi.ey, on the "Marriage Helation," after which we trust she will takc pity upon one of the inauy uien whoui report says have laid their hearts at her fect. "To the rescue" should be her motto. A Musical Conventiou is uow in session at Dexter, which is Ceing qaite well attended, and creating considerable Ínter est. Prof. W. J. Jk.nkixs, of Lockport, X. Y., nas the management, and is evideutly a man who understands hls business - at least that is what brother quills say of hlm. It is the intention of Mr. Je.nkixs to close tle conveotiou with a concert, upou which occasion the best musical talent of the place will be brought out, and an evenings entertainment furnishert, which all will want to atteud. Next Thursday eveuing, if we are not mistaken, is set apart for the occasion. Ou MouJay last, our littlc go-ahead neighborlng city, Ypsilauti, voted aidtothe Toledo, Ypsilanti and Saginaw Air Line Railroad, iu the sum of $55,000, an unconditional donation. The vote stood, yes, 682 ; no, 4. - Electlons have been called inthetowns namcd below in aid of the same railroad . Augusta, $20 ,000 ; Ypsilanti town, $50,000 Superior, $30,000; Salem, $25,000; Htlford, Oaklaud County, $20,000; London, Monroe County, $13,000; Ida, Monroe County, $15,700. An electioa is to be beid in Loodon, Monroe County, on Saturday, March 5th, to vote on a proposition to aid the Toledc, Ann Arbor and Northern Kailroad, by loan, In the suin of $8,000. - An eieetion is also to be held in the sanie towc, on Saturday, March lOth, to vote apon a proposition to aid the Toledo, Ypsilauti asd Sagina w Air Line Railroad, by gift, ia the sum of $13,000. We learn from a article from. the Bur liugton (Yt.) Fret Press, copied iuto the Detroit Tribune, that President A.ncell has again, and this time we suppose posilivelyi " declined the Presidency of the University o( Michigan." This being so, we hope that the Regents will consider themsrlves uu der noobligatiou to give him the opportu ulty óf afourth declination. The Mksdei.ssoiix Quintetta Club are to give a concert in the M. JE. Church, on Thursday evenlng next, March 8d, undtr the auspices of the Students' Lecture Association. This Club made itself 80 popular with our music-ioving citizens last year that vacunt seats will be scarce. One M. F. Vas ülren, wbo r(C-'ntly proposed toenlighten the citizeus "round about" the borough of Oakvillo ou "Life and how to prolong t." is requested to enter his appe&rnace at this office. We have a eouimunieation signed "A Motheb," discussing the arlicle whieh appeared in the Argus of the lltli inst., "The Ballot íorWoinan." It is not publishei for thé reasoa that the wrlter'a name does not accompany it. i. - i ni Un Weduesday last, Geoiu.e Fischkr, ol tuis city, bonght live drtssed hegs of ü. C. Sweatlamd, of Lodi, which weighcd 2,114 lb., an average of 4'Z',i lbs. each, at $10.50'a cv.-t , mSklng $223 for the flve porkeru. than whcatatOOc. a bushei At 5 o'olock i'. m., yesterday, the jury in the Ksisei.y-O'Bbikn morder case, sec Court Report, has uot rendered a verdict. In our last vo suoko of " carly Bap bllin' " in Vermont, and gave othor items udicating t'iat the back of winter vrau broken and genial spring appeaftng in advanc-o of her season. But, "nowvalnare all thlug8 liere below," especlally if bascd on the weather tables of the almaoac or even the progno8ticatlon8 af tlie oldest inhabltant. Satarday evenlngcame achange, a-id during Uic night OM Bóreas macle hoarse and oolsj mnslc. At 7 A. M., San' ilay, thermometer marked 4" abdvc zero: ai 7 od Monday it marked 8 below ; .■nul kt ;t low down ail dny, wüli liltle wind, and the air full of mosqultoes whtch took dellgbt in ntppiug at one's ears and nose; Tiiesday, at 7 A. IL, jt timcil 0 above; Wednesday, at i ■.- Baine hour, 10 abavo -. and yCBterday tnornlug, Tlinrsday, 21 above. lee und ?now meltcd in the sun. during tilo day, and we bope the coldcst rttap of the year 'm over. Other thermometers beat ouro pn Mouday momIng, and we hear of 8", 10, and even li" below being told oft' by perverse InstrniiK-nts. - Thls locality was not alone. Indlanapolla reporta for Monday moruing, ö bclou ; Ciiicago, 8 below ; 8t. Paul, 30 below ; Jacksonville, 111., 10 below; Cincinnati, 4" above; Mobile, Bal tl more, and 6ii ti Vork, the coldest day of the season St. Louis, navigaiion suspended ; and Lon don, "extremely cold, wlth ice in the Thamrs obstructlng navlgation." Froin the CaUlogue of the Universily lor 1869-70, just issued n a hlghly crcditab!e style f rom the oilice of Iiro. Ueaj. (jI t'ic Courier, we learn that the nnmber of stu Icnts in attcndance upon the several depart menta is :is follows: Lit 'ti'y Dtpartmtni. Resident Gradantes 4 Seniors 74 Juniors 05 Bophomores 81 Preshmen 112 In Mining Engineering 2 " Belected Studies C8 " Hlgaer Chemlstry 24 " Pharmacy 30 46Ö Medical Department 438 Law Dcpartiuent - Seniors 1Í8 " JanLoru 120 Tot.-.;, 1112 The aggregate falis short of the attendanee last year, two; the división in last Catalogue, being, liowevcr, 8Omerbat different- say. Literary, 416 Medical, 358; Law, 208. - The name of Louisa S tockwei.l appeara ander the head of "Freshmen," thougb shc recites In Greek and Latin wlth the Bophomon - fM4 -a b- . The ieoiure of Kev. Wm. Morley Puxshon, at the M. E. Charco, on Tuesday evening, onder th aasplces of the Students' Lccture AssociaUon, the annoaucement of wliich gnthereJ an over-fnll house, ícoes a ong way towards redeeming the below mediocre course wiiich has been iuflictccl apon the lecture-golng public this season. The speaker, wfiose. fame us a seholar and orator had preceded hlm, proved himself mister of' the sltuatlon. llis sketch of Macaui.ay was a well-wroaght, beautiful, un! órnate pen-port rait, a little eulogistic, perhaps, whieli eau bc pardoned i:i view oí the skillful drawing. ISlr. Plxshox bas ready flow of language,and a rareaklll In the selectlou of words and thelr arrangement nto sentences. Iiis delWery i.s rapid, but annahclatlon júaiu and dis-tinct, wlth a jerfect coinmand of voies. Hls recitatlons from Macavlay's worka proved hls famll. arity with them, his appreciatlou of thelr points.of beauty and streogth, and iiis own lower over and audieuce. The rendering of the passage from Horatlus was like the movenient of a youug Niágara, and not au auditor but saw the scène like a thing of fe. "Without fiirther notice, sufflee it to s;iy that on PohSHOM'8 next appearauce the Si. E. Ohurch will not hold the half of his would be hearers. Lüteiïe Living Age, No. 1342, for the week ending February lOlh, coutains JIi. Froude's History of Queen EU.abetli, Carlino - Partí., A Greek llerculaneum, The lnsurgeuts of the Red Rlvsr, American Repudlatlon, Threc Thousand Miles Through the Rocky Mountains, The Councll and the Church, the Walls of Constantinople, The Physical Basis of Oratory, The Destruction of Mouuincnts in Turkey, etc. The Living Lge, besides its usual large amount of the best sclentiflc, literary, historical and political matter, is publishing two neiv and very interesting serial storles, one by Mrs. Oliphant and and the other by Charles Lever. To new subscribers, remitting 8 for the year 1870, live uumbers of 1869, containlng the beginning o' Mrs. Oliphant's and Charles Lever's seríais, etc., are sent gratis. The regalar subscription price of this G4 page weckly magazine is $8 a year, for Whlch it is sent iree of postage ; or for f,10, any one of the American 84 magazines is sent with the Living Age (without prepayment of postale or extra uumbers) (or a year. Littell & Gay, Boston are the publishers. The burdeu of Miss Dickinson's leoture on Friday evenlng last, was that womau must fly " to the rescue of man " or hc Is lost. Wlien Anna rescucs one man it wlll tfo for her to preach on that text. A.n Oystor Supper will be given on Jlonday evening next, i'ebruary 28th, at SIcKue.n's Hotel, Chelsea, ior the benefit of the Catholic Cliureh. - ■ i i ►■ Yesterday was duly obíerved as a day of fastin"; and prayer lor Colleges. Services were held at the Presbyterian Church in the afternoou. Tr uc Enceres rceults from true merit. Ilall'a Tegetab!e Skilinn II:ur üciicwer is placed before the public, restin; .olely ou its own merite. lts succcbb Í6 airead}1 Indisputable.


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Michigan Argus