, 1862-02-21

- 81 s5s ss7, IS, S. 2Ss, 2s, e65, 2si. ST. az a. &'
costs ); 81, s6$ e. 5eas sS2; ~ Is ~ "
verdict for defendant. Motion for new trial over
ruled Exceptions. No. 204-John L. Wilson rs
NJ Flaherty etA Record amended making jndg-
fndants. No e15 ]. J. Phelps ct al Ts i. Eldred ct
q. Conditional Judgment against the Merchants
Saving Loan and Trust Comfy: Garniahee sciGa
same order as above. No. 3i8-F. Tracey ct al
agesa at 9327.55. no. @2Erastus Corning Ct al.
No e5s- Same ". same; default; damages s45;.s9.
20. 651-o. F. Scoyille rs. A. Eldred ct al default;
d. damages as4essea ! at $3.50: Ne, ss-H; Alex
1!o !oTarran5o for want Of pFfosecution. No. 5i5I
e1oxR q Br0qks bs;rs D9ye: p5aapa dsalt ef
refe5ence to Master to take proofs as to claims.
No No; a99oc @ Fl Backus Es Kaiser; M process served
Beers psnt Moved S for m Soat on gs
count Of absence Of Witnesses; motion sustained;
time Of trial set on ThnEsdaJ-two weeks from
rs Bradley; bill for divorce; default and refeF
ence to master to take proofs.
Important Decistonto Cxaa1ro.
Pantes. 1onk-
The opinion of the sarre.,e Court af th,s
state IN case lately decided i. them in rc1a. M
ton to the rule Or 1n~- l1ein ~ res1-
failure to del~. +,o;an+ - ~ ~ a:n4 uls io'
Is within reasonable time will be found
Of interest. The chief facts of the case in ques-
ton, which Wis an action on the case institu-
ted by Howard Priest}cy and Robert D. Mori-
son rs. the Chicago and Northern Indiana
Railroad Company, were substantially as fol
lows: Gray, Morrison d Priestley in the winter
OF 1854, bought quantity Of machinery at the
East .ssor Sash and Blind factory then starting
BY them Il, this city. The articles in question
we're boxed anu addressed to z. e. Gray, one
of the partners, She,,.,.aa House, Chicago, and
wcre due at Chicago atsout the middle of
March, 1854, at which time the, were expected.
Inquiries were made for them, beginning at
that time, and daily for several weeks, but nc
intelligence Of the goods could be got at.
The parties made several journeys along
the line Of that and other routes to
different points eastward, in hopes Of finding,
but wholly without ayail-fnal1y, despairing
Of recovering them, the owners went East,
bought new complete set Of machinery, re-
when, for the first time, they were notified by
the warehouse men Of the Company that the
missing boxes were in storage, to pay charges,
and remove them. It was then aseertained
that tho boxes had been duly received
At the time expected, entered on the
to M1tchelIs warehouse. During all
this time Of about two months, Plaintiffs
works and workmen were at standstill, calls-
ing complete stoppagc Of business, and heavy
losses through loss of time, and consequent
inability to execute their contr;actsa and orders.
Tho in nrNSffnn hrnrnr1,f tn
damages for the losses they sustained. Upon
the trial the Circuit Court held that tho plain
lifts were only entitled to recover nominal
damages, or in other words, the difference IN
adlne between the value Of the machinery
when it arrived in March, and when it was de-
livcrcd in May. A writ Of error was taken to
the Supreme Court, and the cause argued at
tlc last spring term Of the Court.
The plaintiffs claimed a right to recover
damages commensurate with tic injuries sus-
tanned by reason Of defendants wrongful neg
lcct to notify plaintiffs Of the arrival of the
goods at the tine, Or make an actual delivery
10 them at the place to which they were ad-
dressed. The Company claimed q right to
put the goods III store, and that they were not
bound to make an actual delivery to the own
crs ut their place Of business, and that the
grounds Of damage alleged did not entitle
the plaintiffs by Arthur W. Wiudett, Esq, and
for the defendants by B1odgett & Winston Of
t]lis city, and Messrs. Glover, Cook and Camp
bell of Ottawa The opinion Of the Court, re-
versing the finding of the Circuit Court, was
delivered by Judge Breesc, and is as follows
OPINION Or THE COURT BIZ nREEsE JUSTICE.
Robert D. Morrison and Howard Priestley, sole
surviving partners Of Thos T. Gray. deceased, ys
the Northern Indiana and Chicago Railroad Com
paDy- Error to Cook.
slructions given by the Circuit Court on the trial
to which plaintiffs excepted, The Court after
giving certain Instructions for the plaintiff aud re-
tns1ns othert, gave. of It's own motion, the fol
Ii. tic jury find for plaintiffs, the true aud only
measure Of damages Is the difference in the market
The time it arrived. and the time when it Should
have a1ived- and if the jury shall find no evidence
On this enhject has been given from. which any
| 10 nominal damages only: The fourth instruction
ioary from this one volunteered b. the Court and
| INSTRUCTION and 7ohieh determined tie cas-,
Me js1y . .fnding ,.o,atna4 damages only
iained .fvr moment 1at nf,de1 contract to de-
l;se7 ii q reasonable lime ralSa11e naehinay *seh
Me mc7aet raiys Of s,tca machinery at he time Il
7rd> III }ucf te9iTesd ard znteu II should ha1e besI
osiTz'tt5 + zig tte damage The o'ener Of he ma
ule. there could be great incentive to carrier:
| cclyery or such articles, as they arc
| rot iiahlr 10 deterioiate in few days or months
As 10 perishablc articles Of fnctnating value n
grain GEd live Stock and snch like, this rule i.
doubtless the true Que, and has been Recognized
tF this Court in the case nf the Sangamon and Nor
| Ean CGun,y railroad Company W l1eurs-11 ILL.,
1S6, Whclc tle property to be carried and delis
cred is rot Of q perishable nature, aud is not .
common or ordinary object Of sale in ,narkc; ami
tntJcet to ife fluctuations. hut Is designed for
speel9! purpose III special business. the rule i:
very different bnt in both eslses adtquste indca,
k.H init
mas sustained II the first class OF cases the r,1l,
established IN the case Of the / and II. n. r. Co
c!ass Tie true ru}c is laid down IN Green Adm n
St1addel,- "; Mum, II Ill ,613, which was an &C
ZION fI tau5e .,, to pnt certain additional neacht
the defendant intesta,e This Court says The tru
measure ofdamages in this case the value or
rsc Of that portion Of the machinery which strad
cen had contracted TO furnish, and which, By rca
ron OF his failure to do. Mum w2s unable to enjoy
| In this case the inquiry should have been. wha
Vac the valueof the use Of such machinery in sue
factory for the time it was detained: in nthe
words what was a reasonable rent for it. Fo
what Enm cou1d plaintiffs have hired equal na
shinsdy Of thst description: As this i aa aetio
tined the defendants for what pu1pose he designe
the machinery. and the circumstances Of their ne
s,fites; fs FL 15hs5 might n hase brought forward othe
tempted to show on the trial. that large numbe
Of hands " ere Of necessity under pay and idle
would have been made. In the absence Of notice
proof Of this kind wae properly rejected.
If nlEo the plaintiff had alleged in his decIarz
tion that he had made valuable Contracts to be G.
eeutcd with the machinery which would has
yielded him profits, the jury though they woul
moi De bound to adopt any special contract tbs
may hare been made. yet II reasonable evidence
| given that the amount Of profit would have bee
| made as cla1med. the damages might be asacsse
| accordingly, Per Baron Anderson In Waters ri
Towcre. 20 Eng L and Eg. P4la.
For the errors we have noticed the Judgment
| manded for further proceedings not fnconsistc,
with this opinion.
Notice.
All members Of the Mechanic Fusi1cer reg
mcnt not Jet paid, will be paid at once By pr
. sentiDg themselves to me, ut the Office Of tt
Pay Department., corner Of Rush and Mort
Wafer streets. HENRY G. WHITNEY,
Paymaster q. 8. A
FL Acknowiedgment.
CAHF DOUGLAS, Feb. 81, 1865.
, Editors Chicago Tribune:
, AfcW evenings since, Mr. Buechick and lady, n
lhoe Jennaton and lady, DR.. r. c. Greer, wife a
sister, Ef. s. S. BuffuIn and lady and Miss Nell
,edEes came Unexpectedly to our quarters brin
+ and pics, in fine. every thing that could uinist
10 the appetite Of hungry soldier.
? nag Just FED company OF eighty men bclon
: | ing 10 the blst regiment. who were detained {
want OF transportation. and our boys were imp
tientl. waiting the preparation OF ecauty euppe
!. piieed thnn they at the sight Of q table Erosnu
under snch rich freight and presided over By su
l. generous eoub az those Of Our uuc Jpeeted thop!
welcome vieItors.