The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-17
Superior Court-Part First.
Rafnra (thiaf Ia, atiN~ Da lIav

TRAVELLING ON THE IsrHMUs-vERDIcT AGAINST
THE PANAMA RAILROAD COMPANY FOR DETENTION
March l6.-Harrey o Weed and Wife vs. the Panama
Railroad Comp0ny.-This tried yesterday and
submitted to the jury who rendered verdict this
ing Tor the plaintiffs for ~ 700. IL suit for suffer-
ings endured BY the female under the following crcum
stances The plaintiffs took the cars Of the Panama
railroad at its Western terminus the 18th August
1864 en- route TO Aspinwan. 1hs inelement
and tho train which they travelled consisted Of tive
passenger and several open trucks II alleged
that during the heavy rain about 40 passengers were
put in those cars and the train started III Ave O'clock
+. but stopped about nine o'clock switch,
where the passengers remained whilst the engine
turned to the station. II further alleged that the
place at which the train left low and sSampy
surrounded by dense forest, and remote from any
created by the low marshy character Of the ground
the dampness OF the atmosphere very deeterious.
The train with all the passengers was left hsrs
the whole night and exposed TO many ncon venience-
and dangers In consequence thereof the wife Of
the plaintiff contracted q violent bilious fever
known tho Panama fever, aud her life was despair
ed Of, and her general health very much mpAired.
Some OF the fellow passengers Of the plaintiffs
amned, and deposed to the suTerings which they
and the water that they did get they had pay for at
an exorbitant price. One Of the witnesses Mr. Bakeey
swore that he did not hear the con iuctor make any
brcse short distance 90 ths line, being out Of
pair lady passenger SMr. soushardl, aeposed that
Mrs. Weed was during the detention taken seriously IN
child OF the plaintiffs travelled with them, but the
cars were crowded the baby had to be placed under
the seat. The atmosytre Of the sufo .Ating
and diiagreeabe, and using profane language
The ply sicisn (Dr. Duro) who atteaded Mrs. Weed,
deposed that she tad fever and convuisons superin
ducec by exposure men al excitement on
the snicrngs to which she subjected the night
question.
For the Defence Mr. Potter the Chic, Engineer Of the
det ndants line, drposed, that in August 1864 bridge
the road, where thu train stopped under
going repairs, and that would hav been unsafe
gone on,
The Court charged that IL the jetep ton was caused
by nisma carelessness without design on
the part Of the agents. then the Of
liable II was alleged by the defendants that there
adesgn TO place the passengers in the position describe
by the plaintiff; but Why has not been shown nor
discover any motive TO do act which would cal
custed 10 render the railroad unpopular The questo
is the defendants responsible because the conduc
tors desgnedly negligently placed the PLAINTIFF in
such situation In the OF the Staten Island ferry
boat, which cesignedy ran into another vessel
ton was brought against the owner Mr. Vanderbilt and
this Court decided that he responsible. The Court
OF Appeals however decided that Of steamboats,
were not responsible for the wilful act Of their en-
pioycs the Law does not presume that the principal
would authorize his agent 20 do unlawful act but
the law holds the responsible for q proper care
and attention to the business he snruss TO his agent
To avoid the necesy OF another trial the Court pro
pounded the following questions TO the jury, which
they were to pass upon
WAS the detention OF the train at the Barbacoas
station by the conduct OF the defendants wiful act
OF this conductor The jury answer yes.
Pin OBTAINING the train he did there did the
ductor act negligenty without reasonable and
judgment. The jury answer, yea,
And the jury further find a verdict for plaintiff and
assess the damages At $1,000. Judgmen: suspended.