New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-09-26
Id " INTELLIGENCE
MARINE COuRT-Be,oEe Judge PsILLIrS

MARINE COURT-Besore Judge PsILLrrS
DECISIONS.
srIr AGAINST rHE MAYOR OF ANOTHER s,rr TO 90
TO TRIAL.
Neville sf wall
By the keeper Of the Kings County Hotel, Will
.a,barsh a.. shs Mayor u that city lin his indivdu.
rseiy To- l.co,er sus.es Tor ALLEGED false sp.oneat for
& & a ,aHd. . 10 s. :s a. %.as ' o
.d., di.ui, the eomPsntoc the ground OF wsst Of
o. esSit g % @sn G ;,
ho-n proof :. n; w. ard ih motion s'a M s s;
different ceesot ard also one syOuns mar Cd hus
be Whole Of the cases srs 10 abide By The d.eoa
Msrs John and Gros. w Cook are ssals,l Iar tho
buIsh fox tie defense rso to be entered the
calendar
OPINION
The following tho opinion OF Judge Phillips in rendering
qS. stien brou,h, by plaintiff against the defendant, to
70. ~ 'sseS ,,s ch.Ssd 70
PENDANT dismiss the complain. ahiayt setting
~ hat ali the comp laned OF by the pntif II commit
i.a o. m MAJ Of the CJ wsm.barsh that
I'll. plsniia being charged with violation on City Oinan'
zee. end Email, ntIed linn to the Couuty jail aud tat
10th plau and defendant are residents OF wsu'bu,sh
section q tie Code provides that actions sssins public
ofcer done b, him in virtue Of his office mus, BE-
tiled in tue County where ths csse, part thereof
The plaintiff ne motion fr tn. following
That the question Of the r-sdene Of tho parties having
been passed uIon. 10 ?" oslSdieans
That the sscns eontased in the .aii,vit th.. III,
sets corpsbtd o we're done Ia virtue e inc dstendant
oce question Of fact TO b. passed upon BY sJurJ and
be
Tn. position assumed BY the plaintiff "a hi. first poa, an
doubtedy On the return Of the Summon. the OBJ
10 this sctou Le dcas and that therefore ths
lection oyerued by Ioapr Judss Mccarthy and that
decision cannot be disturbed BY me- a.d can only be s''wed
a. '.1oat point Ia.a By The p1aa At p. tin. Of
fsLd,n regular IN his present mo'.n 10 t.no5 the qa-s
ton urdcoa but afer nsufe reflection have arrived
Wbeus defendant claims mnuni, for any act committed
by him 10 yuue Of his public Office Ih.' mmuniIy must b
III, contend. that the copsiou Of the act compined Of
The defendant even he claims 10 public oaifer ae.ei
H bar -, b 10y be sued =. the ria.
Did the defendant, in virtue Of his office There can be
no question stage the trial when the fac, made
appear that such Is the the cause mus; be
Re deprive the plaintiff q his sh 70 traverse the qussIsa
decision adysr. the plaintiff his obtaining review
o. y eeos o o P al II he reeoi The Sesnd,p
Iu, in BIS sbaa's his soswer to the eolnPlsn and
Tl. decision sppe. 20 oil tho sections against ihe defendant
mr. used point after the rendering Of the ecson,
where both parties were ho aid
nos be en- r..sd in him ar Dean replied tina,
he originally raised the question and now speaks OF 'o " to
SUIT AGAINST Az EXPRESS CARRIER
Wnism BearJAes sst John n Wyman
driver Of an express wagon OF defendant took a
directions csnyi on board sesmbo.i The trunk was
let and e " 4Ioost ss.n.' s o-aeI Of me ssP.s.' .'sS.
The Court held that an express carrisi
zee . as & d NJ I'D ss app.s.d ,P D
til and Mr.. 5 E. Swan for defendant
The following il The opinion Of Judge Phillips
&c. ,fa 5, pns to SnSsn, a. com
mon carrier convey board be steamboat John Neson
The psnf nss,s that the not delivered ~ d.
ected The defendant produeed tho yogns man who doye
the express wagon who testified that be delivered the trunk
80 m'e a. The Of tie boat When the
Of the boat beua tossher the young man was
unsle entity any VI than Is the person 10 whom he de-
carrier who /. directed to lesvs good. on
steamboat bound exercise prudence and care in the DE-
livery Of person authorized 70 receive Is and fsns 10
tbis be il liable Ia OF Ices. -,
TbowiDs bssTsge c.eesy the deck leaving on the
wharf the plank i, not ouch delivery as esess
care that person board the bos has authority 20 Ieeee
dsyeI Of sOea. TO the TTOss person does not '''4''
A. to the qu-.on the sssnHsnt have no d'1s oni
s.ryy. tie shi se.io. to The Raaa 81 s'ats
suIr AGAINST RAILROAD COMPANY.
Anton Rrne ast The New York and EHe Raj road
To recover the value of trunk sent on the Erie
ese held that railroad Is lot common esr,is oi mercy
TrdeT ssresenJ beyond the line Of ito road and save
| irc .lneu. foE defendant.
| The following il The opinion of Judge Phillips:
T action 4 bouzht the vsne 81 box or tunt
containing dssuerreotype sPp.tus and othng delivered 20
Tn TO the Company. depot the zoo, Of
Dusnst the following ticket given 10 the person who
LETT Aer s oso Care NJ kie. No Ils syc
|
Tbe attendant rro>ue-d their tally clerk Dunkirk who
pry,d that on May last box bearing the above mark
vasrecsved by him nom the Dunairr aud BY him
shutsd the day BY the boat for Cleveland Ohio shat
| beir the usra soate 20 Cincinnati
The psuth claims that the defendants carriers
deliver the box In question AZ Cincinnati
direction ard hs, thew Liable for their failure In doing
Ttederdsnts Incorporated company for the
of esht aud from New York 10 Dunkirk
the Of teir lie they TO 10 deemed common
| carriers.
IL order make them liable eyond ID. terminus Of the line
carriers express agreement to must be
,hcwn. This the Plaintiffs be inferred from the
| receipt given By the Company. agent at Nev.York.
uIrsed in particular without direction erespi
rch be Inferred from the marks themselves the carmel
has ht that the eonznee Of tho ssofs
the carrier shall and deposI them In the usual w.y
and the OF the soots Ieglecs 70 make the
inquiries the Of the business or 70 ~
rectors 10 the dsposa OF the goods t his own
the oss any after the carrier has performed hs al
the ordinary Of his trade and bane,s
| upSn such aud upon the common ssIs' -
| ssntvosrs sgt St John. Fill, l2 L, a.. o,diavy
The evidence In this shows that the boi ~ ~.
received Dunkrk. was eheessn up ,u.on
iii BY the tally clerk and n pursuance o. .ad a.
placed IN the heat for Cleveland ~ ross oi ornsd
f.r a common carriers the Defendants seem '" INV
thar duty. 49, - vhirh the def.udsn.
IL there thss any ssreemsnt shown y @ ~ a. ,aats
erStri 20 T,nspor the goods beycnd me me ~ .ns oas
gssIs esstssiT hsshiss "a the eass's' |"