The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-21
Liabilities Of Railroad Compa nies.
FIRST DISTRICT COURT.
RDfnre Inlna Green


dadretO Kennedy against the President, &C., Of
the Ne,e York and Erw Ra,lyoad Company. This
action is for the recovery CT damages alleged to have
been sustained by the plaintiff by OF the great
delay Of the defendants in Transporting on ther road
fifteen head Of cattle, belonging to plaintiff, from
Owego 10 this city.
It appears from the testimony that the plaintiff
placed on freight on the defendants cars al OwegO
fifteen head of cattle in good order Tuesday morn
ing the ed day Of November last and that they ar
rived at Fremont on Saturday morning following,
and fourteen of them in The city Of New York on the
following Sunday morning the other one having
been SO far injured that they could not bring him
down to the city and the agent OF the company sold
him for s6. He subsequently cied. The plaintiff ac'
conn panied the Dptle and made every exertlon to
procure feed and water for them at the different
stopping Places but was unable to procure
teed at over two places on the route. lie
used every care that was within bis means, but,
Notwithstanding such care, they were 80 much
injured by the delay on the road that they had de-
preciated in value in the of at least four dollars
each, and the one that died was worth twenty dol
lars that the usual time taken to transport cattle
on that route was from thirty six to forty hours.
The defendants offered in evidence q printed no
tice, containing the following ciause-"At these
prices the company will not assume any response
bity for injuries which may be received by the ami
mals IL Consequence Of any Of them being wild, Vi
oiols, uruy weak, or from any delay IN reaching
their destination at the usual time, as per time tables
Of this road, or in consequence Of heat sufoca!on,
other iefects Of being crowded either upon the
cars OF Ddfges OF Tue Company 10 Wllcn nOIce
WIS appended the following certificate, purporting
to have been signed by the Plaintiff, Andrew
Kennedy, have this day shipped fifteen head Of cat
lie from OwegO station, ou the New York and Eric
Railroad destined 70 New York station the terms
and Conditions specified i'll the above notice Novem
Der %, 1862" but failing 50 prove the signature to
be tie plaintiffs the Judge would not admit il in evil
denee. The defends nt counsel tren offered to prove
that they received this paper tn copy II the
way bill at their Office in this city from their Office ~
Owego. Tue Judge rejected the testimony, on the
ground that tnefa vas no proof that the signature
was in tie handwriting Of the plaintiff or his agent
duly authorized 10 81 n the same.
Tie Judge in llS opinion, says that the defendants
csrnsel insists that tie paper in question has been
sufficiently proved TO entitlo il to be considered in
evidence, and that h. /. the plaintiff expressly
agrees 20 waive al damages j.. may sustain III o0n-
sequence of the delay On their road. In this think
be II nstqken; thele ha3 been no proof produced
before Ae that the plaintiff eyor signed the agree
,nent i question ever authorized it t. be signed
but il TINS agreements bad Geen proved | do not
think twill, bear tie construction coItended for ny the
defendant / apprebend the true construction to
be TINS: that The company would not be liable for
ordinary delay 10 reaching the place Of destination;
but that viii not exempt tlea from damages ocCas
Toned by extraordinary delay, such as occurred in
this case and that. TOO without any apparent caue
slall therefore reader Judgment ior the plautif Tor
the amolat Of damage proved, tlt is $40, besides
costs.