, 1862-11-15

Progress OF the Railroad Case in the
United N1a1ea COurt-C0nfi%cntf04 uf
Rebel CnnGreksmlahss fst1ts ef K1X-
change In the Superior Court.

UNITED STATES CoCRT-B.fore Hon Thomas
Drumn'ond.-The arguments in the case Of
James f. Irvine rs. The Chicago, Burlington
and Quincy Railroad Company, we're resumed
yesterday morning, Mr.. Walker opening for
the defense in logical and forcib1c argument
q nearly four hours in length, in which some
strong poiuts were made.
He contendcd that the company were not
Liable for these reasons:
First, Tnat the injury was occasioned in
whole or In part by the careless management
and conduct Of the train of which the plain
till WAS in charge, and
Second, Tint one A1onzo satterield through
whose alleged negligence 1t was sought to
charge the company, was but an employee,
with like powers, duties aud authority with
the plaintiff and not IN offer, rs was claimed
md contended on behalf of the plaintiff, Aud,
that inasmuch As there vas no want Of due
care on tic part Of the Company in the eu1-
plos smcnt OF Satttrtleld, aud the other en-
ployees connected with the collidtng train,
the plaintiff Ind tailed to maintain the cause
he had alleged and that, therefore, there
should be a verdict for tue defendant.
Mr. E. A. Stor1s followed for the Plaintiff
His argument was not so long as H. OF Mr.
sition Of the plaintiffs case, which, 1t it had
like effect upon the jury, as 1t certainly had
EI,on the spectators, will go far toward gam
ing him verdict. The following points were
made:
The act Of Alonzo satterfie1d In appointing
Eyerayd conductor on the freight Irain with
which plaintiG collided, was. the act Of the
company; SAtter1ield was tfain dispatcher,
and had authority to appoint conductors on
freight Trims; even II he had 10 express
poWer, he assumsd SO to do With the knowl-
edge and consent Of the defendant; Eyerari,
| the freight conductor, Wis Incompetent, aud
| It is the duty Of the defendant to its EN-
| plo5cee to employ none but ekiltul and COM
| potent men; Sattertield himself Was frcom-
| potent the station agent at Piano was also
jury WAS the fact Of having the freight train
On the main track, on the time Of the rlsscn-
| ger train, and being there in consequence Of
| Evcr0rd's ircompeteucy.
The plaintiff vas guilty Of 40 negligence
he nn his train according to the printed rules
| aud time card, and Was bound to do so. His
| i1ain vas on time when the collision occurred;
the defendant has, therefore, failed to dis
charge the duties aud obligations under which
It rested 10 the plaintiff, and must respond in
damages to the p1ai1titf; these dam ages must
bt estimated as well win reference to the Ju-
tuTe effects of the injury, as to the damages
already suffered. 4 sufficient SIM should be
awardcd him, which, If placed at interest at
six Per cent, would realize the amount o.
81, LEGO per year, the wages which the plaintifl
was RECEIVING at the time OF his injury.
| Mr.. Writ Dexter commenced ttu closing nr-
gumcnt, and had Just finished an eloquent re,
view Of Mr.. Stosrs' speech when the hour fol
adjournment arrived.
CIRCUIT CorRT OF CooK CoUxTY-RJoy4
Hon George Danitrrf.-The jury in the case oi
Newcomt We. Conckliu ct al, which has been
on 11ial for several Days, returned q verdict