The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-19
Superior CoNrt-Pnrt III.


ACTION AGAINST TIE THIRD AVENUE RAILROAD CON
PANY FOR KILLING THE SERGEANT AT ARMS OF
THE DEMOCRATIC GENERAL COMMITTEE.
Der Is John r. Becker Administrator, dc Of John
Becker, deceased against the Third Avenue Railroad Com
pdny-This action brought by the plaintiff las
administrator Of John Becker, deceased against the
Third Avenue Railroad Company, for running over Mr..
John Becker, the evening Of ths 9Th of November
1862 and severely inuring him to his death
in few minutes thereafter 1t appeared in evidence
that ecssssd was and had Oesn for long time previous
to the accident employed Sergeant att Arms to the
Democratic General Committee and on the evening ia
question lad been in attendance at Tammany Hall, to
hear the election returns Deceased started to 60 home
and he crossing the railroad track between Tam
many Hall and the oy HAN ne was knocked do and
by car 81 belonging to defendants He picked
up aud carried into Tammany Hail. and from there to
the City Hospital but on arriving there 1t found
that he had PRED the way It alleged BY the
counsel for Plaintiff Mr.. O. Shasr, that the car and
horses attached thereto driven at negligent un
fepdans charter ana endangaing the lives Of pedss
trians; and that the death Of Mr. Becker resulted
tirely fiom the negligence and careessness Of the
defendants In this action
Nr. A. Wakemsn, counsel for the company, moved to
dismiss the mplan the ground th.t the plair tiff
widow or neSt Of kin AZ sausi BY the asats under
which this action is brought
The Judge denied the motion, but stated he should
put the question of damages, any, to tbs jury, With
Instructions reservng the right to the Court at the
general term to direct suit IL 1t should deem The
allegations nicien to let in proof Of special DANA
ges that they do not make out cause OF action
der the statute
The plsin,Hs counsel then called witness to prove
what the deceased in the receipt of at
the of the ACCIDENT and that his family Deepen
dent upon him for porns basis for the jury to fix
the sees if they should deem the plaintiff entitled to
recover
The defen.e set up in the answer u.s. that the deceased
10 his death through his csreessness aud neg
Hgepce toat he far advanced in age being about 65
20 years cid hard Of hearing and otherwise dsqual
fee from oec,e rtude for going about the streets
dark night alone and unprotected 1t contended
by the defendants, that the not driven 1t an
unusual but at the ordinery rate Of speed and that the
deceased bound to exercise usual ordinary and
prudence especially dark and stormy nights like the
II quest appeared, also that the deceased had
umbrella his head and thereby prevented by
his act cm exercising that degree OF caution and
prucence which ordinarily prudent and careful
ought to have done under the circumstances.
The Court charged the jury that they to consider
where the fault lay Was exclusively the defendants
in part the defendants and in part that of the de-
cessedY wac the casualty purely accident? If 1t
accid t merely, the result partly o. the fault
Of the deoea ed tie plaintiff not entitled TO
dict II ths igry should huk il the result OF
dants negligence exclusively, they to consider the
question a. da upon which the Judge pstruc led
boiling that FAR the evidence presented the ques
ton In the sent the only pecunary damage TO
the widow aud next of hin resulting from the death Of
the deceased the loss Ct support and thai head
they TO take into consideration tue ages of his chill
dren-soue Of them married, aud all in middle
Ge-aBd tbeir ability to support themselves; aud that
the OF the society and ADVICE OF the de essed did
constitute tion Of such pecunAry damage vi hin
the meaning OF the statue The jury directed TO
bring in seated verdict in the morning at 10 O'Clock.