The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-01

fends1t regular 10 his prese oton 10 rsisng.A
question OF jurisdiction bur AZ or mature refectionl
nave arrived al different conclusion. When sdsfsnd
ant sainns immunity for any act COMMITTED by him'u
vitue q his public Office that iumuriy must be peAd
ca ana i"rms part Of the issue ia the Tbs plain
tl eontenas that in the commission of the sc.x
FAntd o., the defendant, claimed 70 40.
pubic officer acted without orty o. law and there
lore y individually liable. While not prepared 10
go this length, s.ili well conceive how this point
may wen % contested az tie trial Did the defendant
that At any stage of the trial shen the fact IL made To
appear that such the the cause must be cis
missed; but to try this question upon aaidayits on
mere motion, would be 20 d. Drive tne plaintiff Of his
right TO traverse the question az immunity M by The
defendant, and also, in OF decision the
plaintiff prevent his obtaining review Of my cesAsisn
by the appellate court the decision aud papers used
this motion forming part OF hs record The defendant
may put in the affidavit biz answer to TIE complaint
aud this motion is denied, ritn IS costs 70 ABIDE the
event.
This order applies to all the actions against the de-
PENDANT.
DECISION AS TO THE LIABILITY or RAILROAD CON-
PArIEs AS COMMON CARRIERS BEYOND THE LINE
OF THEIR ROUTE.
Antoa Erne u.s. The Ne,p Yo,t end Erie Rdiiroaa Com.
pdnyILs action is brought :" recover the value Of
box trunk containing oaguerreo,ype apparatus aad
clothing delivered TO Defendants 70 be transported as
N alleged, 20 Cincinnati The trunk tas en- TO the
company depot at the foot ~ Duane street. aud the
following teiet given 70 the person who left II, icing
copy Of the address the ocx -
canton Erne, Cincinuat or,o care Of Mr.. Kies, i12
Sycamore street, one cheat luggage ,
The 3eendants produced their tally clerk AT pnnkirk
who proved that on the 18th of Nay iss box bearing
the above mark received by hun from the
lrs and by Lin shipped the oae by the boat for
CveGnd Ohio tbst being the al route TO Csr sInA
The plaintiff claims that the defendants
rerr under took 10 deliver The in aues1 At CDen
natl per direction and that they liable Tor their
failure IL 6oing
Juege Phnlps---Ihe defendants are an incorporated
for the transportation Of freight and passsn
gtrr from Seg York to Duukok AMI to the extent Of
their tine the, are to be deemed common carriers. In
Ger 10 make them liable beyond -rlainus OF their line
4 n n
be ,hown. This the plaintiff cauteats Ii TO be Inferred
from the receipt given by tn agentas New
York When box Of goods Il delivered to a. common
carrier marked in parricn ar IN ner. without any
directions except such may DO inferred from the
nartt themselves, the carrier has right 70 presume
that the constance Of the good in ends the carrier shall
transport and dispose Of them II the usual way; and il
the owner OF the goods neglecs to make the
inquiries as TO the usage or custom II the business
10 give direction to the disposal Of the goods his
own fault and the loss fany after the carrier has
formed his duty according to the ordinary his
trade and business, should fall upon such owner, and
not upon the common carrier IVAN -Antvoord Vi. St.
John, HILL 1857 The evidence IL this shews that
the box in the ordinary course, received o. Dun
kirk was checked upon the way bill BY the tall, clerk,
and in pursuance Of their usual custom placed in the
boat for Cleveland route for Cincinnati So far
common carriers the defendants to have perform
ed their duty Ia there then any agreement shown by
beyond the line of their route2 There oer.soly 10
thing in the language of the receipt to make the
Isny specially liable further than they would have esep
the bex by the tally clerk board he steamer At Csve
land marked in that manne IL clearly proved Itis
simple acknowledgment by the clerk agent st the de-
pot that he had received box Of luggage with psrt
clar mark thereon, which, far giving the receipt
was concerned, was mere msrh Of identity. Ivan
SaI tvoord vs.. st John, Hill, 1917 The rule OF law
which to be established a. that common
rers not liable for the safety of goods beyond the
route which they are carriers, and therefore can
only treat the defendants beyond Drnhk
(Ackley vs. Kelley. Cowen, 1881 Judgment for d.
PENDANTS with costs.
Before Hon. Judge thompson Snd Jury.
ACTION FOR FALSE IMPEACHMENT.
SEPT. 26-Dapd Jacobs jones Lcpsrson Action for
asrault and false imprisonment in having the plaintiff
taken into custody and brought before one OF tie police
tons store The plaintiff, 1t appears negotiated with
the deenda watch for SIS, and for whicb be Of
fered $50 A dispute aud the stoIekeeIer rave
the customer into custody upon charge Of attempting
TO grab watch Verdict for andf $40, which carries
alike amount OF costs