The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-18

their imaginary fright (L4ugstsr) All the plaintiff
can recover In any event IN this 90 u er-
kin and for the time he los in 80 iong TIE contract
BY which the defendants agreed 10 ano panun and ns
family at Cattkili differ from ordinary enea and toe
omission TO land cannot tho defe to exsp
larry vindictiye damages II right the iary ckp
ward only tn, the sctu. expense Of getting back 70
PENDANTS from New York CAr,skiil We don't ash any
de- ucton for Akng him six miles further than agreed
tO-ws don't charge for carving them aay faster than
any other boat could dons for beating the Aida
Mr.. Van Buren, having conciu.ed
Mr., 0Conor In closils the for the plaintiff said
We cannot claim this TO be novel tne books
contain many Of them. All actions are new, novel, Gu
rous unrea 1nabs TO defendants counsel generally
When but short time 1T the bar, he (Mr 0C) remem
bsrs . case In which leishnan, hack driver, vAs
employed to carry lady certain distance, for which as
charged four shngs; sbs offered him TIVE; he refused
70 lake II. She then attempted to get out, when tss
cd the door, and drove disancs at full speed
up Be adway, her head occasionally peepDg out fom the
vino 1t each aide Of the carriage and crying Help
At last he stopped arrested conviced and .entenoec
70 nuchsonger imprisonment In the penitentary IMAM
TO sho there was NO racing contend that
fact clearly made 1t Ii the fact that there Was
race it Ia clearly and uodsnsbly proved fhe learned
counsel On the other side has Undertaken TO rdicue the
idea that party Of invalid females could be fgheDeds
and seized idea by the tail and daDgsd II before you,
with considerable NEUTRALITY-SUSPICIOUS. creditable 10 his In
Influenced thereby 1t cont1nded that there was no
imp,sonmsnt that the plaintiff mgh' have jumped
overheard and su,h nonsense that We grant that
tho defendants they coul have the race without
emitting the landings, they would have made them; but
in order to win they obe I'd to pass them By He
(Mr. O'C) Should not notice the rks made BY the
opposite counsel about poll ioAns getting frightened,
than to say that he should chance get into
politically able he should retail II before court
and jury.
Tss Judge, in his charge tho jury, said there
two questions for their determination First, whether
both the defendants liable; and, secondly,
what amount Of damages sppi,sble TO the case.
oatssi Without nainx the sndr tie omis
sion TO do not wlui the plaintiff could not re
cover In order TO show that II vas wlfu violation It
not necessary prove that injury was intended
to the plaintiff the defendants we're bound 70 land ~
CAtsk and wiltuy omitted % 90 it was sufficient to
charge them with all the conBequensss resulting there
from As REGARDS the defendant Stene there doubt
that the plaintiff must against him, because ne
might have performed his uty and old not do II
Of the owners desired him net to land there he Was
bound not to obey him. but bsund to carry out me
understanding made BY =. the owners Az TO the ques
ton OF hCuaugh's liability not necessary TO show
that the captain acted uncer al, ORDERS MCuaugh was
beard and knew that edly passed Cats
order to DC So when he saw the captain Violate hiD
duty he should have Ads hlo psrfoi IT. there
with view to getting toe -endants boat into port
before the other. and ths' vas the reason for not
stopping at CAttsk arot hat Mccullough knew Of that
race, and Of the approved Of it, then he
respo lsibe for the conduct 4 the captain Then IS
to the question: there racer is not necessary that
there should be previous aen between the parties
In relation IT. that it should have
been known the passenger board The question is
did the deendants' boat wy TO excel the other boat In
speed by using an undo. amount OF ateam ano !. IN
OF the boat AS to damage IL the action for mere
breach of conduct the plaintiff could not recover ore
than an indemnity for hi peguniary loss in the sum he
paid to carry bis family from Hudson to Catski and for
his Of time But in this the Court had no hest
tation in saying the jury not limited 10 giving
damages the plaintiff pecurAry loss but they might
give dam ages the injury hs feelings for his wife and
children who were under his care and not only Tor his
mental suerngs but It on the part OF de-
PENDANTS the jury would be justified In giving exemplary
vndictve dAma to their sense OF the cu pabs
conduct Of the master sps oensr and TO deter others
from following their exsmpe. sealed verdict.