LOT OWNERS NOT RESPONSIBLE

The Cortland Democrat, Friday, December 19, 1890.

Lot Owners Not Responsible.

   Among the decisions which the Court of Appeals handed down Tuesday is one of more than ordinary importance. Under this ruling a lot owner in a city or village is not liable for injuries persons may sustain by defects in the street or highway abutting.

   The action upon which this decision is rendered is the city of Rochester against John H. Campbell, and it sought to recover from the defendant the amount that the city had to pay for personal injuries to one of its residents through a defective pavement. The opinion is written by Chief Judge Ruger and is concurred in by all the judges. It recites that the theory upon which actions have heretofore generally been sustained in favor of municipal corporations against wrongdoers for damages which they have been compelled to pay individuals injured through defects or obstructions in streets and highways is that such corporations have succeeded in some way to the remedies of the injured party against the wrongdoer. Recoveries have been allowed in such cases only where the wrongdoer is responsible, generally, to all who are injured by his act, and when corporations have been compelled to pay damages for a wrongful act perpetrated by another in public highways they become entitled to maintain an action against such person for indemnity from the liability which the wrongful act has brought upon them.

   In other words, the municipality, by payment, becomes practically subrogated to the cause of action against the lot owner, which the injured party originally had, and it can recover against the lot owner only by proving the injury, the extent of the damage, and the fact of payment by it.

   The Court thinks that the lot owners are liable to the municipality, upon a neglect to repair the streets after notice, for the expense which the corporation has incurred in making such repair, but this is the extent of their liability under the statute. The statute clearly points out the liability which is incurred by the lot owners for a neglect to make repairs, and gives the street superintendent an action to recover the damage suffered by the municipality from such causes. This, evidently affords a full indemnity to the city for any neglect of the lot owners and ample means to discharge its duty to make repairs. It seems entirely unreasonable to suppose that the act was intended to impose the same duty upon two independent bodies. The obligation of the municipality to make such repairs is unconditional and unquestionable.

   The primary duty rests upon the municipality, notwithstanding a duty has also been imposed upon property owners. The existence of an absolute power of control in one party and an imperative obligation to repair in another is impossible. The obligation to repair is necessarily subservient to the other, and must be performed or neglected at the will and pleasure of the party having the right to control. The duty of performance could be imposed on the lot owners, or they could be compelled to pay the expense; but the paramount obligation always rested upon the corporation. It thus seems that the immunity of the lot owner from liability for damages for defects in streets is founded in reason and justice, supported not only by authority, but by the uniform current of all authorities, not only in this but in our sister states.

   The impression, shared in by judges and lawyers, is quite common that abutting property owners are in some way liable for damages occasioned from their neglect to keep sidewalks in repair when that duty is in any way imposed upon them. "It seems to us that there could never have been any logical cause for such impression, and it seems it has no foundation in the reported cases."

Afraid of a Splurge.

   One of the slickest games ever worked by confidence men is that of buying a farm. One of a pair looks over a country and he finds the man he is after, and he buys the farm at the farmer's own price, paying from $50 to $200 down to [seal] the bargain. Before the papers can be made out a confederate comes along, falls in love with the same farm, and offers the farmer $2,000 more than the other did. The agriculturist sees a speculation here, and he buys the first purchaser off with a bonus. Then both men drop out of, and the farmer learns something.

TOWN REPORTS.

PREBLE.

   We are enjoying the sleighing, it is such a relief from the splash, splash through the mud.

   School is closed this week. The teachers are attending the Teachers' Institute held at Homer.

   Mr. C. C. Van Hoesen and family moved to Homer this week and will be at the old homestead in Preble every Sunday.

   Fred Wagner works Mr. Van Hoesen's farm the coming year.

   Auction sale at the Hall last Friday, Saturday and Monday by outside partners. They had a few odds and ends to sell to our farmers.

   Mr. Crookshank and partner, who were here last spring, have become residents of Preble and are buying and shipping maple logs to New York. They are agreeable and pleasant men to deal with.

   Monday of this week Miss McMahan, daughter of Christ McMahan, who had been a long time in poor health, died very suddenly. She was 15 years of age. The funeral was Wednesday and she was buried at Truxton.

   Last Saturday evening there was a raffle at "Old Diff's" of a single harness and other articles of personal property. Miley Tully was the boss shaker and took the harness. C. C. after many desperate trials secured a strap halter.

   The evening our new "Deestrict Schule" opened was very stormy and the attendance was not what it would have been if the weather had been more favorable. The pupils gave evidence of the fact that had they lived in the days of their grandfathers they would have been very much at home.

   There is a good deal of bad blood stirred up between the landlord and the boys. He had four of them arrested for making a noise in the bar-room but they were discharged. The case was before Judge Mulholland. Some folks say if they would buy more at the bar and get in proper condition to make a noise it would not be so objectionable, but the idea of boys making a racket without first getting in proper condition should not, and will not be tolerated, and don't you forget it.

FREETOWN.

   Mr. Henry Seeber had the misfortune to lose one of his valuable horses.

   Mr. Bert Shepherd was a guest at his brothers, T. Shepherd, over Sunday.

   Mr. Albert Davis is carting goods for his brother, J. Davis, from Marathon, who is proprietor of the store here.

   Rev. U. S. Beebe attended quarterly Conference here Saturday and preached from words found in Philipians 1st chapter, and 27 verse.

   Rev. Wm. Robertson, of East Homer, was here and assisted in the meeting Sunday evening, also Mr. Emory Bowdish and others from McGrawville.

   The Lord is doing a mighty work in this place through the instrumentality of Mr. Chaffee and Rev. Fred Knight, the pastor of the church. Souls are being converted, backsliders reclaimed and the church awakened in a measure. God grant it may continue.

   It is with unfeigned sorrow we learn of the death of Mr. Samuel Conger. With this sorrow is mingled joy, that our deceased neighbor died in the full hope of a glorious… and was ever an active and faithful worker in the church until laid aside by the infirmities of age. As a citizen he filled a prominent place, as a husband and father, he was devoted to his family and friends. He was exact and just in his business relations and his kindness of heart made him friends among all classes. To his surviving relatives our sympathy is extended.

   KATE.

TAYLOR.

   Three dollars were realized at the dime social at W. DeLong's Wednesday night.

   Our schools are closed this week, the teachers being in attendance at the institute at Homer.

   Marcellus K. Smith. M. D., died Thursday, Dec. 11, 1890, at the residence of his brother, B. A. Smith, in German, Chenango Co. For many years Doctor Smith practiced medicine at Cincinnatus, in which he was very successful. His friends here and in all the surrounding towns were legion to whom the news of his death will be regretted. About five years ago he was stricken with disease and had constantly failed both physically and mentally until death claimed him as her own.

   CALUMET.

FRANK'S CORNERS.

   On Thursday morning, Dec. 11, William White, a long time resident of Virgil, died of consumption. He leaves a wife and two daughters, Mrs. Frank Caswell of Dryden, and Miss Georgie White of Cortland. The funeral took place Sunday.

   Last Sunday evening Rev. O. J. Purrington delivered a lecture at the Baptist church at Virgil, on the prohibitory amendment question. It was a masterpiece of eloquence, and he graphically compared intemperance to a parasite, and demonstrated without fear of a successful contradiction that if this constitutional amendment be enacted that it would augment our manufacturers and that this gigantic evil, intemperance, which has a tendency to degrade humanity, would be infinitesimal.

   UNCLE DICK.

McGRAWVILLE.

   Edward Holton had an auction on Tuesday, selling off all his valuable Ayrshire stock.

   Quite a large number of season tickets for the Y. M. C. A. lecture course were sold in this place.

   Ira Rockwell and wife started on Tuesday evening for a few weeks visit among friends in Washington.

   Dea. John Kenfield, after a long illness of consumption, died on Friday morning. The funeral was held at the Baptist church Monday afternoon.

   O. A. Kinney, assignee of the firm of P. H. and D. McGraw, have commenced paying off the creditors, paying a trifle over seven cents on a dollar. The liabilities amount to over $126,700. The farmers who brought in their hard earnings in two horse wagon loads and well filled pocket books and deposited with this firm, can carry away their percentage in one corner of their vest pockets. Bring out the old flag that hung in front of the Corset Factory with the inscription "Protection to American Labor."

  NEPOS.

Masonic—Election of Officers.

   At a regular communication of Cortlandville Lodge, No. 470, F. & A. M., held in their lodge rooms on Tuesday evening, December 16th, 1890, the following officers were elected and appointed, and subsequently installed for the ensuing year:

W. M.—John W. Suggett.

S. W.—Duaue E. Call.

J. W.—James R. Schermerhorn.

Treas.—Fitz Boynton.

Sec'y.—Thomas N. Pudney.

Trustee— Robert Bushby.

S. D.—George S. Sands.

J. D.—Peter Muelendyke.

S. M. C.—M. J. Stanton.

J. M. C.—Arthur Holt.

Organist— LaFloyd Stillman.

Tiler— William W. Gale.

   At a regular convocation of Washington Chapter, No. 29, R. A. M., held in Masonic hall, Homer, Tuesday evening, the following officers were elected:

H. P.—Charles E. Wills.

K.—William H. Crane.

S.—John J. Murray.

Treas.—Lorenzo L. Rood.

Sec'y.—John H. Van Hoesen.

C. of H.— Frank D. Carpenter.

P. S.—Robert J. Watson.

R. A. C.—Rollin A. Goodell, M. D.

M. 3V.—O. A. Bovee.

M. 2V—Hiram D. Hazzard.

M. 1V.—Lorenzo L. Rood.

Tiler—Thomas V. Martin.