, 1864-02-13
LAW INTELLIGENCE.
Railroad Case-Liability Of Railroad
Companies in their Occupation
Of the Streets Of q City.
RECORD OF CASKS IN THE DKF-
FERENT COURTS.

CrRcu1r Court or THE UNITED STArEs--pArL
EucK BAnTLET Ys. TIE Cu1oAao AND ALTON
RAuRoAp.-We very much doubt whether tho Inv
regulating the manner In which railroad compauics
should use those streets Of city, which, by the
Kindness Of the corporation they are permitted to
OCCUPY, has ever been cnunciated with more pre-.
cision or ssr1ngcncy thau by Judge Dsummond in
charging the jury yesterday, In the above entitled
case.
The fuit had been brought by the father on ~ac-
count Of the death Of little son Of the plaintiff
who was run over BY = train Of cars belonging to
the defendant, on Beech street between Fa.laha.
and Ewing streets. about two o'clock In the morn.
Ing on the thtrty-drst Of last March. -,
1t was in evidence that the boy had been sent to
planning mill in that vicinity br his parents sitter
ehayipgs-that he had filled his bag and started for
home--that, stopping on one Of the several rail-
road tracks which stripe Beech street for the pur-
poee Of adjusting his load, train came from the
south and compelled him to step on to another
track Just before another rain came up On this lat
over the boy inuripg him 20 severely thst he dad
in about three daya 1t wss In proof that lhe tran
was moving at the nate Of at least feyen miles m m
Couneel for the defence took the position that
me safasoad company vas not responsible, be-
sauss ne Negligence Of the Plaintiff contributed
railroad conpany-that either tho boy Wns Of The
age nj which it was proper for him to be sent ont
negligence caused the accident, and that, bT the
legal Iule relieved he company from respons}blu.
his parents in permitting him TO 70 upon the street
and they could not In that case take advantage of
tneaf oWn HFo5g and ask DAMAGES for an Injury to
The Judge said, in charging The Jury, that when
.slIoad companies are permitted to lay down
t!aef and run trains in ths streets Of a crowded
city like this they should be held to great care and
caution In the exercise Of that privilege. IN such
caees companies and employees are very apt to In
dG,ss IN The idcs That they hare some peculiar
to psc for euch purposes. That Is mtsapprehen-
SION The only right they have Is to run heir cars
go 1sl as 9f or tie q The
upon the street to the exclusion Of the pablo, The
Court refused to instruct the jury that tic parents
he he boy IL he ere gey 81 tbe
spse?i1g hif conduct Immediately previous u' % the
He held that the rule to be applied to the conduct
81 those In charge Of the train when children OF
nus age: were seen On the track Was different
respect to adults In like situation. They Eereto
allow for the iufes1ority Of the child In sense and
!adgment, and compensate for his ine1perience By
ne fec1aed to be ofthe opinion that tho evidence
showed nceligence IN those in charge Of the tram
@ and 10 1a aes assfsaS sssas sqasien5 as @
nnder proper control :.
was The vc1y ihicE smoke aud etcarn b. TSsehit oa
was alleged that the track was obseurcd. But the
r1c hm1d ~, ~ tn sneh aease me Eaoad empoyes
ion to the asDse eoad ao be
4a.d LIZ ~ .an @ doG 1asoIsn nc streets of
WAS the 1an9ynn~e NJ "a Jnca 1l;S .ons as
nnqcr ~ anGaea e tao company sti1 as
plaintiff p could EeeoEer no exemplary damages, bnt
n Ia .p9s 81 re re noy eefTees during the time
,nn ns 81 we loss Of his own and his wfes
,n4en ean 'sSasg aT5 1e q NM and the expense OF
n.stE - 11S msa1eA Ano mineral expeubee, the
'e;G1e. s11x. o. t9e 5ury mn7t necessarily be small
c+ss ~ 49, GotEF oT NE LkIFED STATEa.-Tho
p1,ets axg ~ - ~. r: Irekef e. Tho Propeller
cr.T, IL III Eo4ha, .ps vnl!G1 ststds Circuit
~ tet ustct o. Illinois, has Just
sipeeed e n 6 s9sts IT Justice Wayne
1. @c't'e4Su tue optnaoa VI INC touft.
m1gp,r ~ g Ae'' 71o'aas D'1f'ns7ona, 1adge-cms-
mon L0t.
CO: Verdict for .p1aintiG. -~'
20. 80; ~ :: oodwort ~ schooner Harriet Ross.