, 1863-10-24

UNITED STATES CornT.-1n the Circuit Court
OF the United States, . day or two since, Judge
Da1i., in the case Of the emit. brought BY the
mex. ofkin Of .ho late bon. ". T. Barron, asainst
the Illinois Central Railroad Company, to recover
damages On account Of his death, delivered an
important and interesting decision, which we glrs
below:
The declaration alleges thet William 7. Barron
citY OF Cheago; that be was killed by the fault Of
the defendants that be lef: will, and the plain.
tn Is his executor, sud that hs was nsvsr married,
but had next Of kin who are named To this de-.
cla1at1ou :hc defendants have 1Qterposed gene
raj demurrer. By the common law this action
ed in this 8tate giving right Of action wherever
Or o eorpolatton o. she!e' death had not easusd ths
The act nleo pioT1des that the action shall be
btooght By the personal representatives Of tue d.
ceased, and the amount soe9yeEed ahall be fos the
shali dosn iii ind just compensation With refsi-
$751; "a ao escese Re
The defendant insists that the declaration should
pecunlaly loss; thst the ners Of kin Of the ldcee
on him for support OF services, and, therefore,
70 gecaniee5y loss eopd asys hsys bSsa oecas
ssop ts, VeW Of The KIM 6ss
can be recovery If the deceased left no Elm sur
viving hin, who had any lesa? claim On hra, n9iI.
given ID the rst esetion Of tie ect In clear aud
nnmistakable terms, Il the injured party By the
common law had right to enc, il he hid lived,
then, II he dios his Representatives, csn beiog IN
action. Very fow pereons on whom az inhs:tt'
aace IL cast under the term ''uext Of kin, have
any legal claim on theis ancestor fos support. o.
can be said sFtcttssinss 3Nr1s to suf&E pccu2iagJ
ii II da intent Of ths statute was to deprive all
7yEo wcte dependent On tie deceased, why uss the
term "nezt Of kim at al? It wonid hive bseq
very easy to hare ueed the Wo:d "eanafen'n And
correct, many children who ara Of age and not
dependent on their parents for unaluteaanca could
rot recover. Courts must give effect to al parts OF
T6e policy Of the lsw was evidently to make com
mon carriers !aozc ei1eumspect ~ IN regard To- ths
Tfs S % e a VII l. oue aa gss
billy il death tnsued. 70 remedy this eTil: and
81 ths iaw. We DO not link # ieqaisite IN any
ssa ssssly Se aoas: t ., III opinions 35 q :! VT:
shal! prove vii generally e9s6la tie jqsy 70 dscde
On se an e
that the iuJy shall discriminate In different cases.
Here il statute whc.o tle first section, in pos.
saa; t 5t s 7Sa Is t9 T.
Which would render tie right conferredl II
the fr:t section barren right ID the msjoElty Of
lose their ilSss by the anlt q psEsona and corpo
rations are Of age: unmarried, aad hare NO nSft @
of Kin SPon ~ taem stafof fof
give the Representatives ofsuch persons the right
70 eue in one section and to make that right nuga.
tory in the second section BY dspf1Ving them Of al
> There il no fixed measure Of damages, and no
artificial rule by which the damages in given
take iuto consideration the pain suffered by The
|. deceased, or the wounded feelings Of surviving
!, relatives; but arc to form conclusions Of H.
'Gns Kin ha!e psnstsaea aabsct 10 tie
= contained in the stasate}, uP9n proof Of al III
fs R
widow or ne1t 81 kin These views are snsta!n I
W. saia p c9a5t Of A2Paia P*imtsF sad ~ 81
q ILL., iii ststs: s' oldaed ~ Now Yo:k ead HARLEM
Ks1Sas; Bssa1 AZ l. Psnses %ss
the Chicago and Rock :1alapd Railroad ConRan' R
-. 1oscr; 70 III. 400 has been sstsIsd TO-: tn En-
tie decedent left 4 widow or next OF kin. IN
J. Court decided that the aVeE91ent was Necessary
and remanded the cause, with h leave to the partie
p1essioas u The opf1ion Of the Court which seer
10 imply that there nst be m averment II the d
hs IN Theh n sa aes
nccesgary The demurrer Is oyetruled-
L. Clark, Cornell Il Morton, Attorneys for platntit
SeWett, Seates & McCa11ister, for detendents.
IA Donations to the Soldiers Homes
70 The following Ii let Of articles TINT have bee
.. donsted to the Soldiers' Home, sinee October =
% lsi1:-Abram Gale, town OF Jeaarson, bag q
pies; E1s. Fargo, yesetahies; friend, I
ar | pickles: Mrs. Fa1on, morning gown; VIM b
ser. large quantity vegetables; fremont Hous
e. ! hall Stove; J Wilson bag apples. ! j
| cider: HRS. Kent, loaf bseld; Mrs. ke
ron, towels, sheets and pillow case
Ladies Soldiers Aid Society, harrington Ceatr
by Thos Mcdonald, II bags potatoes, bag tu
nps, bag cabbage, bag heeta, bog che:se,
"a. Singer, Athecs, bowls pEunes. 4 cans fruit;
ta Smith, bag potatoes: ArB. VIM Guild. chees'
~ Mr., Reed. cheese, butter ! bag apples; hr. g
~ bert butter eggs. bag apples; Mks. G. Child
n Ms butter; Mrs Nichols: doz- eggs; 7. Thorn
son, 5 dog. eggs; Mrs. Mulneie. bags apple
I'll Nj. Nash, bis, potatoes, brl. beets; u
at | Lewis. 4 doz. ~egge; Mrs. Blank, d21ed apple
U" apples, doz: eegs, 6 lba. butter; Peter Psatt
. Creek. j bag potatoes: Nj: BabeoeE, ehoss
rts Nj, Mo1at, 9 bsgs potatoes; HI. Sale, brl pol
e. toes NJ: Ptta bottle vine pillow f;;;s fHses
1e. flannel shitts, pairs drawers; Mrs y. Nn1t H.
I'D blanket shawl. flannel wrapper, shifssI - III II
e. 1hrte. 2pas1s alippeEs, cotton socka, Hs sr
am | Mrs ", B. Farliu, lot Maga7lnes ,r,na. v
tos Gould, doz hrooms; lrg: Long, Sal9 w. md
tsd billiard, box grapes; Nm snsoMS; M;n,a - bnx