The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1854-12-05
From the Detroit Tribune.
HORACE COLT, VS.. THE MICHIGAN SOUTHERN
RAILROAD COMPANY.

The trial of this great case in the United
States Circuit Court, was closed on Saturday,
as we have before mentioned. 1t exceeds in
importance, any case tried in Detroit if we ex-
cept, perhaps, 'iho Railroad Conspiracy Case
in respect not only of the Unprecedented hard
ships of the plaintiff and tho amount of his
claims, the novelty and magnitude of the legal
questions involved, and the extraordinary ma
ture of tho defcnse set up, but also the length
of time occupied, the number and character OF
tho witnesses, from opposite corners of the ro-
public, the conflicting testimony, and the dis
tinction and ability of the managing counsel
and their associates.
The plaintiff, Massachusetts, farmer of
twenty one. omgratng to Iowa, bought a
through ticket from BOlfalo TO Chicago, at the
former place. In the State of Illinois, .he
train in which the plaintiff was, came in coils
ion with gravel train. There was n diversi-
ty fproof, as TO tho severity of the shock. but
the train was advancing at tho ratio of fifteen
miles an hour, and the engine was thrown
from tho track. The plaintiff, who was stand
ing in his seat, claimed that his body was SO
Jared, that concusson of the contents of the
spinal canal ensued, and that this was the cause
of his subsequent condition up to tho present
time. For months together ho has been una
bic TO walk, talk or feed himself
The introduction of the testimony, including
the examination of largo number of medical
experts, consumed two weeks, s,and the summing
up by Messrs. Lothrop, Baker and Emmons,
and g. /. Walker, eight days. il was con-
tended on the part of tho corporation, that as
it exists on the part of the laws of this State,
it has no existence or power to contract out OF
this State, and is not responsible for contracts
entered into, or for wrongs committed beyond
its boundaries. Further that the shock was
insufficient to account for tho plaintiffs con-
dition, and that it should be attributed to mas
turbation. Upon these two last points, urged
with a subtlety and pcrtinacity rarely equaled
tho jury found for the plaintiff, undIstractod
by the variety of opinion expressed by the
learned physicians The fact that Court Bar
and Jury were taking their first lessons in med.
icino and anatomy was, however, sometimes
quite ludicrously apparent. A great deal OF
time was taken up in interlocutory discussion
especially of the rules of evidence, and tho el-
oquence and acumcn of counsel was, perhaps
rs fully displayed in this manner, from day to
day, as in the more formal addresses TO the
Court and Jury.
To sift tho testimony, and unravel the con-
tradctions of the case demanded the first or
der of talent and the mastery efforts Of Mr..
Lothrop in the opening for the plaintiff, and
of Mr.. Emmons in closing the defense, were
models of the well known style of each of those
gentlemen. But the consummate skill in ar
rangement, and resistless appeals distinctive
of tho final address to Jury, left the impress
ion of forensic ability unsurpassed in the city.
Judge wilkins charge was lncd and Impair
tial. He ruled that tho IL. Il. Co. is holden
both for its torts and on its agreements on, OF
the State, that the plaintiff did not affect his
right 10 recover, that ticket is not contract
but only evidence ci the payment or Iarc, anu
that "case" (Which was tho form of action)
would lie. Tho attcnpt TO mpcach tho testi-
mony of tho plaintiffs brother, the principle
wlinoss connecting the iniury with tho collision
failed. and verdict of SIS, 600 was returned,
only So, 900 less than claimed
1t is said that tho corporation intend to make
application for new trial, or appeal TO the
Supcrme Court at Washington.