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22 F. Cas. 698

Smith v. Washington

U.S. District Court

Decided May 23, 1856

U.S. District Court · decided 1856-05-23

At law. This action was brought by the plaintiff [Ann C. Cushing, for the use of Caleb Cushing] for injury sustained by the grading of K street in front of her premises in Franklin Row, in doing which they cut down that street some five or six feet, injuring, as she alleged, the value and use of her house.

Decided 1856-05-23

THE COURT

¶1instructed the jury that the corporation had the power to regrade the streets of the city of Washington, under their charter, without making the compensation for individual injuries, unless the plaintiff showed that they had acted corruptly or with the design to injure; and that the jury must presume that they acted legally until one of these things was proved. They held that the power to grade was a continuing power, to be exercised whenever they deemed it proper to do so.

¶2The jury under these instructions rendered a verdict in favor of the defendants.

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