, 1863-07-21

statts. in order that the opinion Of that Court
ol Inc plaintiff WIS such to the Aock Island rail-
road that he was pFecludsd from bringing this
may he disappointment to the plaintiff that the
motion Is not now fnall5 disposed OF. but the
principle involved is one upon which there has
Courts % Of 81 diserent States. # is QUESTION of
great importance, and there fe no doubt but that
The case y on1d be taken 10 tac Suprems Court Of
plaintiG entitled to recover It is one T Of those
caees where the defendant would not be likely to
acquieece In the decision Of the Court II adverse
We have. therefore. conclnaed,,to divide upon
that question: reserving the verdict till it Is de.
ter1uineS; and, inasmuch as one OF the members
verdict was, under tie circumstances OF the case,
too large, We have thought that the power the
Conrt has over the verdict eau be better exercised
after this question Is decided.
We certify, the case as to the questions law
ppon the state of facts that existed at the time
the plaintiff went upon the engine. and not as to
place before he went npon the engine, may come
In as evidence, and that is, substantially, to be
found IN DfcEeman's and Miners testimony.
1Er Hinef0n-Do understand that the Court
only certides the evidence Of Minerf
Judgs Darts-The Court holds that the charuc-
ter Of tbe contract is to be determined BY the tes
engine. and not what trauapiEed afterwards.
Ar. H1nst0n-Then that will tncludc other tcstl-
mony as to the antecedent facts. besides that Of
MincrS
Judge Daris-Yes. may as well mention that
If yo1 make written argumente In this case. 1t
can be decided during the next winter term Of the
sisame1s % Viii 70 over y to TIE he @ Following % wa
tef. The point We hare alladed to, Is, we think.
,he controlling one Of the case, and go both
when, and before, he got upon tho engine; We DO
not consider the payment Of money to him, after
wards. whilst he vas sick. or the entry his
with. or affect, the character OF the contracf, All
flied. "N'' : ~
Some little discussion arose between counsel and
the Court as to the time that would be consumed
h. the couree adopted, and also as to the admsst.
bi1ity Of certain portions Of the testimony, sl q
s eoans and lid
E,atfee, et. a., e.. lEa!fermaa d .Mayo--Ddeis.'
This is motion to set aside return ot thes'
WHO 1eeeived State entseaey, IN 1ss9,s" II.
the question IL whether the plaint.. 4nay at:l4S
the 4arshal's return. and chow that he h:s ot eo-
Jected gold aud silver or what Ia equivalent there
to, Or must sue On the Marslal'a bond Ths Court
tu.tain the motion, and decide that the plaintiff
has two remedies, to wit: first 10 set aside the
35s 1eaI Na3oo o. tue N feeou tosue on
Faicon-On the 1at1 Of October, Is5s, The Falcon
took on cargo, on the Chicago River, dropped
aSsnt e osls of Hoass uR
his wharf While there, she took fire, burned np,
and the fire extending to Hough's pacKtng-h house
For this loss, Libel in Admiralty was filed, and
Judge DrumMoud dismissed the Libel for want Of
jurisdiction, and Judge Davis afiirms that decls-
u vessel, il not tort within the Admiralty juris.
diction Libel dismissed
Arlington for hbcllaut; Bates & Tows;eo foc
.7I01 r.. 7o,en Of Rockton and rsadteton, ct.