New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-02

Sept 1O-Bsance. olo 10
The total reCs pts at the Custom House
for nine months Is So :l5, $40 sgsins. 3 1879, last
year.
Justice Gibson. of the Supreme Court
of Pern'ylvanis, has juT delivered very important
deciion In regard to the liabilities of Railroads, In
which he takes brosd ground. 1t was IN . cms shere
al action was brought 10 recover the value Of SOW
over BY train Of GAYS on the lie Railroad Judge
Gbsons remarks relative TO the opluion OF the Court
below follows:
TIE charge was accurate In Its outline but not In liz
details As has already been said, there was eyt.
oence OF Negligence on toe part OF defendant Ia
another part, Re took the fact for srsuted The
simple TACT he sad of permitting for limited tme,
the COW TO wander tle Railroad woud not OF itself,
be sueb egisence, ss 10 excuse all negligence on the
part OF the defendant"
Had there been evidence to raise the point, the dlrec
ton nish have been well enough bur the application
OF the principle In the particular Instance wrong.
In Sils vs. Brown, C and CO.., IL ruled that 10
cases OF accident WITH carriages ships mutual negl'
sence, oonrtbutrs 10 The nry, bars action for 10
"a princple enforced by this court In Sinpson vs.
HAND 9Th Whartob, 3l BUTT erroneous 90 prsdl'
cate IL Of csse In which the Negligence was all the
aloe OF the psinu-
he further chaJ ged toe Jury that, "if Il plaintiff
kntr bis COW wss wandering the railroad it wss MS
duty 10 drive her thererom. is had no shi 20 sutsr
her 90 De there and he suffered kn0rtES her 70 Do
there, be was guilty OF such nesgenc 40 would pre-.
vent bis recovery. But II his COW cssnslly wandered
away, ordinary care being used TO restrain her, tue
simple fact Of her being the track would not excuse
the defendants negligence"
Now, she making Of this g-auitous mpuaton OF neg
hserce, and the iguorsncs Of tue cows sheresoou's
the turning poin Of the 10 the root Of the error
As the loss OF the propaty 10 no, pesay for the
ers supinepess In the care Of IT, OF what account as
Ignorance OF its jeopardy The irresponholisy Of
railway company for all but negligence or wanton IN
jury, 10 necessity OF its creation train must msAo
the ums necessary 10 fulfil is ensssemsnn WIZ sns
post otce and the passengers; and h must % sno"ea
70 fulfil them at the fee Of secondary Interests pu'
IN Its wsy else IL could not fulfil them at all Ine max
I'm Of "sclEs SopK would be .nver ed, ana sno psis
mount saairs OF the public would be postponed W 'ne
petty concerns OF the individuals -,
livery obstruction of . railway IL unlsslu, "scn'o
vous and sbassble at ihs cost Of tbs sufnor OF
OF n without regard 10 his Ignorance or intenuon II
msy seem cruel to make q dumb brute su1er ior .uo
fault Of fs owner but IL must be remembered inA1 tne
nves u human beings are not 20 be weighed ~ Va s
scales with tbs lives Of fsrmerss or grsziet "ct
ane that their preservation IL not 20 be len 70 me cs
which man sses of bis unssred for casue Ano"in!
them " prosl for thslr food, he may nos wa us
hands OF the consequences Oft In County 70 oUoo
lops 70 the charge Of indifference 70 human seio.y,
high and holy charge Of the Courts 70 noa 20 tcer
duty, not only thee 10 whom Il I'm meoA'7y
committed, bar also tho<s by whose defsuin NAY %
remotely endangered, and 20 hold them nra we Ho
OF opinion that an owner OF cattle killed or Injured on
arss-rsf. hss a. csssEsse b he son2s'J 9i " w