New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-16

COURT COMMON PLEAS-Before Judge woodruff
Titus Hutchinson, Jr, sgt. Cornelius Vanderbilt nm,
on issue in respect to parties and again AZ ule present
Term upon the merits occupying an unusual tune ~ uN
involved many novel and important questions relating 10
the business of the transportation Of passenger
The plaintiff passenger on board one OF me vesseS
of Vanderblts Line for San Francisco in March, 1872
having psd for his passage 20 that place but having taken
his tick t in fictitious which fact was not known 10
the defendant On arriving at san Juan ae ouu on Tue
Pacific Coast plaintiff was unable to OBTAIN passage
further in consequence of the loss OF the North America
near Acapulco to which vessel he was tcketed.
Other vessels Of the same line arriving subsequently
were eghted full Of passengers tcseted ID them espect
ivey to which passengers preference was gwen over
those detained by the arrival OF the North Amer
in cnsequtnce OF Which, me plihn Wa eNeusu o
obliged 20 return 10 New York the usual fare being exaced
Of and paid BY him. his return passage The plantn
claims damages for the nonpertornance oy e Nei7ho'
of his engagement 20 carry him 20 San Francisco
On the behalf Of the defendant il insisted st That
there was no contract with the plaintiff his name not beng
in the ticket and there being printed notice on the cket
el that Il not transferable. I'd That the loss OF the
North Amerca by pcr Of the sea WAS an exoneraon Of
the defendant provided that reasonable efforts were nade
v him 10 furnish other means Of transportation ana con-
Siderable evidence aoduced 10 show thar such enors
lad been made Sd That different parts Of the line were
ovped BY different proprietor having distinct and sepa-
rate interests that far as the paDih was conveyed
propreors of such part O the route had ssyeaiy Per
ed their several CONTRACTS md It the defendant was
inn event liable for more than the prce OF that part "hch
he not conveyed
For the plaintiff claimed on the other hand that
entire contract and that the verdict OF the Jury "n
49, re a. 70 Dar,is. had settled that the defendant
liable for the entire route that the loss Of tie Norm
Amaroa wasuOt by Defl- OF the sea- but through negu
oepce and even admitting is lOss through pers al sea
her wa want OF foresight and precauton on the part Of
tn defendant AID hs agent in providing Tor such coatn
garcy ana want e proper management after tne news
received particularly the continuing 70
sepes from New or while the passengers On ne ist
nm. y-re ururOrided Ior; that la regard u nr c0hAct o.
th defendant was undertaking carrier tue extent Of
which Is defined by law. and that the unaerAiin- "s
courl-- when plaintiff received on DOsI0 anN he
passage uouey paid and the name IN the ticket vas ni@
g.ral ., ~. -. ii
nv Wr H Dana iOr the plaintiff and Dir Noye Csrk ana
Rapsl.o ffr the defendant
rdge Wood-u charged the jury that the contract was
~ fu. trsu. p0rt4fiOn 10 the place ~ Ge-tnaiOn
that t receiving tie plaintiff board without Direction
H. having previously paid for bis passage entitled MN %
be- carried the same a. any other passenger AieOAgn MS
name was not Contained IN his ticket.
Ths. - def not excused Tor not conveying
b;n according 10 dis undertaking. unless prevented oy
uov46le accident or what formerly termed me a o.
cod bit which nav BE- defined % Be some casually WHICH
80 sr rower or foresight could guard against sucn ~
form 4 sea or lightning he len Il 70 the jury 70 sSy
uhetaer the oss II tie North America was ~ sucn
.rse # 4 ~ then whether ne deisndaDL naa 9o"e al
, IA -o,rr p furnish other means Of r1lsporl~lyn s1
= 81 - OF thee should be found against him. tsrH ~. '
'sipta would be entitled 20 recover damages 'l 's 'A
performance Of lis undertaking: 49,. -,.n,;fF
m NE Of damages whichhe laid down 80 Il@. y-t
"a. e-,,ad 20 Indemnity % b made whole Q, tAI ne
.aorld be put IN the sane condition 10 T" - ""- ~ w.
tract wss entered into. 49,. .h.-,. ,ri,;ob
Nrn,erou, executions were taken y ihi' c"~lSe "0"
N be tts ~ beet Of future argument
TIE jury after a short Consultation ssn'7lS1 '7''''
for S.11 CO.