The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-25
SUPREME COURT CIRCUIT. PART 3.
The Liability Of Common Carrirrs--A1lcged
Loss Of Two Trunks Board the Steamer
Metropolis -Non-deliycry Set mp as n De-
Before Judge Davis.


Loss Of Two Trunks On Board the steamer
Metropolis -Non-deIiyery set mp as n De-
fence.
" Before Judge Davis
May MeCorthy %. TIE Boson, Newport and Kec York
sean.hp Company In this rcsides a, New
Bedford. In September, 1895, shs was on Wait TO
Brooklyn and returned home in tho steamer Metropolis
Previous to leaving Brooklyn she packed up . largo
quantity OF wearing apparel in two trunks and sent them
10 hboa she alleges board OF the boat BY stud
icys express Il was got Up IN defence that those trunks
board cf the boat and that the company
could not thcrrfore be held responsible Contradictory
evidence on tbese points was Introduced
Judge Davis charg tho jury that tho company came
In posscsson OF te property knowing TO be baggage
they lab. common carriers II they delivered
IL " third pcrson IL was al Their peril IT. Oh other
hand keeping Wow the careless manner wDich tbis
bag put board the vessel BY Tire cxpfesman,
and they bad no evidence % ia bong tho baggage u
passenger they llahle common carriers out
only blces, and In tia, negligence should
BE- proved against them Ia oraer 70 reooFer
The jury then retired and after short absence brought
In verdict for plaintiff for t4tz
J. B. Smith Tor plsntA; T. Williams Tor Defendants
The Law Appointing rsios COMMISSIONER
suit Against Mr. Paul spencrd, the shipping
Merchaus, Tor the Enpioymemt Of m Alieaed
Unlicensed Pilot.
The Plot Cemmiascrvs ~ Past sperord This sait
q brought under Of the Legislature Of Juno -
1879. which reads rs follows
Any person holding license a. pilot under this act
OF OF t1e STATS VI NrS Jsfsry, Suo
pilot Offer pos any ship vessel 70 os from the
port ~ New York by ths way Of sandy Hook, except
such are exempt by virtue Of tbs act OF any master
or person board tug ~ TOW boat who shall
toe such easel vessels Without such censsd pilot
beard such vessel vessels snail be deemed guilty Of
misdeme&nor and conviction shall be punished by
nne not exceeding 400 or imprisonment not exceeding
sixty days and all persons employing person 10 act A.
pilos not holding license under this set under the
laws OF the State Of Nsw Jersey shall forfeit and pay
the Board OF Comm ssoncrs " Pilots the Of $780,
The complaint alleges that defendant employed an un
licensed pilot named John MAgnn. N pilot their wee
sels There ninrsyair different cases alleged, and
plaintiffs seek recover 500 penalty In each case.
Nes-rx Barney Butler and Parsons appear Tor pla n1s
asa Me~srs. Beebc, Dean aud Donohae for defendant
The OF defendant ssss up thai the several YES
sells propeca by and nj Of tham engaged
IN carrying pAsepgsrp that the vessels were employed
by zoe government ~ the United States and that de-
f~pdant bod control tnem - the time; thai
u tho vessels engaged 10 the coaslng trade
tn. defence also ssis mp thu statute % limitations.
Captsin Masinn was called and tessiled that he had
United States license since 1s1s He also acgnow-
lodged tbst he piIoed several vessels Tor Mr. p Spot.
ford being employed by The different capislGsto per
form such ssrvice
The VIII DO concluded to-day.