The New York herald., 1866-03-29

Amaica there were vacant seats There was thsn suf
ecent accommodation furnished for the plaintiff u the
me he entered the He did not seek for those seats
but contented himself with standing on the platform
He was therefore, guilty of negligence and contributed
% he injury Mr. Vanderpoel read several authorities
I'm support OF his argument claimed that II there was
any room inside OF the ii was negligence ON the
$nere was reasonable probability that il he had been in
any other position he would not have received injury al
e IL was conceded tha platform o. car - the most
person who purchased ticket on railroad OBLIGED
10 conform to all the rules and regulations established by
she company for his or her safety. The passenger
should keep himself within the cars DANGER and
long these rules were complied with the company
Judge James said that he saw nothing which would
change his opinion in regard to his application of the
statute
Mr. vanderpoel then read additional authorities in his
motion for dismissal
Judge James.The position take is whether the In
1essness Of the defendants.
TESTIMONY OF THE CONDUCTOR OF THE TRAIN.
Lewis c. Sands, called for the defence-I was con-
ductor the express train at the time of the accident
had entire control Of the train and went through il
after LETT every station; had two and smoking
mar on at took on two cars at Belleport and
place at Waverey took between twenty and thirty
passengers; after We lett waverey the two hind
were nearly empty; at Deer Park attached two
hitiona cars; both Of these nearly full made no
more stops until we got to jamaica about twentyiv
pr thirty got on at jamaica in the smoking car
Rwhich was full at the time Of the collision; saw Mr.
Overon that morning after left Belleport saw him
running from the smoking to the baggage car and
told him 70 be CAREFUL after the accident remained
Bhere until had all the wounded taken care Of there
vas no one who was inside the cas seriously injured;
notices posted at each end Of 4hoears had more
beats on my car than had passenger there were thirty
vacant seats the train when reached Jamaica:
otter leN Jamaica had twenty more vacant seats.
Cross -examined-My train started from Jamaica at
Shntyfour minutes past nine tho accident occurred
about one minute and half after did not pass through
khe train Immediately before the accident as was tax
Eng tickets in the smoking car.
TO jurorI several persons standing on the plat
form; might have spoken to some of them.
This closed the case on both Sides when Mr. Wander.
poel and Mr.. James summed up at length.
Judge James then charged the jury. He said it was
mis- duty to call their attention TO the facts in the case
well - the principles Flaw far became necessary
Tor him TO do It which the Jury should
TRY Is between man and man. As the stood II
Gonceded that a collision took place the Long Island
khe gross negligence of the defendants servant and they
kwere held responsible for his acts in the eye OF
hhe law; morally, of course they would not be
kesponsiblo He Judge James) submitted six
questions for the consideration Of the jury,
An order that the whole matter might be presented
clearly The first to what caused the accident
That point had been admitted by the defendants.
Socond-was plaintiff injured by the collisionf Third
Where was the plaintiff at the time of the collision
FourhWerc there seats in the car than there were
passengerss FfhIf the fact Of the plaintiff being on
platform Of the car contributed to the extent Of his
Mnjury There evidence to show that any person
pnside OF tho car was seriously injured They to
inquire whether the plaintiff was injured to q greater
textent by standing the platform than he would have
tbeen were be to remain the inside Of the car II the
Jury were satisfied that the plaintiff would not have
eived any injury had he remained in the car then he
could not recover II they satisfied that his stand
Hng the platform did not contribute TO the injury
then they should ind verdict for the pain suffering
and loss that he had endured Judge James then dwet
upon tho evidence and the established rules relative
damages when he concluded his charge
The Jury then RETIRED and will bring in sealed ver-
DICT this m0rning.