The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-13

Inv Intelll0cnce

Law Intelligence,
HEAVY DAMAGEs-The Supreme Court at Springfield,
Mass, has engaged upon the of Ezra H. Corning
of hcopce Falls vs. the Connecticut River Railroad
corporation 1t is suit for damages for I'M ures
ceived in the collision of locomotive, with train
which the plaintiff was passenger, between here and
claimed in the writ is $4,000 The trial concluded
Saturday and the jury gave the plaintiff verdict
presented in evidence AT the time of the accident
the engine which did the mischief and which
ming on trial. without any cars attached, was running
about fifteen miles an hour but the down train had
nearly stopped that it moving at very slow rate.
No other persons besides Mr. Corning much in
jurcd. The plaintiG did not experience much imme-
date inconvenience from his bruises He down
to Springfield went about town attended to his
business the next day, went to church the day follow
ing. 1t being Sunday, and some weeks after took
journey by railroad to Greenfield and on his return
went from Northampton to Chcopce Falls, by way of
ofthis time, however, he suffered more or less incon
venience. Soon after his suffering, increased and his
symptoms grew more alarming. and he has since been
wholly 1ncapacitatcd to attend to his ordinary business
and has been under medical treatment. lie has had
palptation Of the heart high pulse, dizziness, and
OF his eyes and Of his legs have been seriously
affected His attending physician did not, at first
deem his case alarming nor the plaintiff himself
or his friends, much concerned about it. Several
medical witnesses called during the trial, and
they all seemed to agree that the best for the
plaintiff ut the outset would have been to keep still
and quiet and be careful about his diet, but that the
prescriptions actually made for him wise, under
the circumstances, considering how little was then
known ABOUT MS real condition, compared with what
was developed by subsequent symptoms. The Court
instructed the jury that they to view the plaintiffs
constitution as it was when the suit commenced,
which the Dist of August last and not at the
present time. They to award such damages in
their opinion would compensate him, so far rs dollars
and cents could for the injuries received. They
not to pay attention tC the fact that he might be
poor and the defendants rich corporation, but
consider only what amount of damage had been done,
and what amount of money would pay for it. Tho
golden rule had nothing to do with the for If ures
were to do as they would be done by, it would be inn
possible ever to get man hung.
CIRCUIT CouRT THE UNITED STATES DO 1rdnan as.
defendant for $4,000, covenanted to supply
the plaintiff with curiositics, etc, sufficient to const
tute museum, to be set up in Troy New York. equal
on reduced scale, to the defendants museum in Phi
ladelpha Part of the money paid, and after
time the residue upon Peale's entering on agree
mont that If he failed to fulfil his contract the plaintiff
should be entitled to $4,000 stipulated damages The
plaintiff proved that the articles sent by the defendant
inferior in quality and too few in number for the
terms of the contract Tho Judge reserved the ques
ton to whether the agreement to stipulated da-
images could be construed into penalty. and directed
the jury to find special verdict referring that ques-
ton to the Court and to the damages sustained
by the plaintiff in the Court should consider the
damages stipulated in tho light of penalty The jury
found the special verdict and assessed the actual da-
images at 81 O00.-Phiadeiphia .1mcricon, May