New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-15
CIVIL COURTS.
UNITED STATS CIRCUIT COUET.-Noy l4-Beore
Judge SNALLEY.
rNDTCTAfpyTq

UNITED STATES CIRCUIT COUIT-Noy. li-Beiors
INDICTMESTs.
The Grand Jury came ntO Court presented several
indictments informed tho Court that they had transacted all
The business that he'd come before them and then adjourned
by The Court o. 9ssmo Of their own yoton when re-
oqcsed to by e District Atornoy The following are the in
Lloyd BuUu-m0nstu .itcr in foreign port Charles W
caption; John X Wicba-sec7otng ana em6eaag letters
containing articles OF value John Murphy and Richard Weeks
Cstlarine Mccarthy Caitarine Clart-pang felt
national currency notes Giovanni 1eHan JohT SeNa9It
Henry Iehor Samue. ll alias Lame 92m v o. ~, bsie'.
John narow ana JOSEPH radey John Foster John Stewart
Catherine SchOomman Conrad Neicndo ana U'3 nipSo-
utteTne counterfeit fractional currency Geolnier Domechtt
--utterine counterfeit United states cunrncg
TIE LAW or COMMON CARHEIs-H1GHLY IMPORTANT De
ClsloN rs 10 tbs p tbs RAILROAD AND EXPRESS
CobPASlEs--THE rUDLIc HAS SOME RIGHTS WHICH
THE cOMPASIEs MUST RESPECT.
Charles G. Lockwood aet The " Y Central Railroad Com
The Plaintiff was co,tc droyer and on the 5u Of June
1859 ani, Buffalo from Chicago bis way east with
largo number Of cattle The Central Railroad Company al
ways done large and profitable business in this transports
ton Tie cattle placed standing in each and liable
sometime lie down aud in either likely to be trodden
upon by nc other cattle and seriously injured II therefore
cattle ald cobO0c' is attached TO te for the
zion Of the dgovcis These trains leave Buffalo be
miles vest Of Cauasoa iu,iue night time where there is
mgh emmkncu1 ihl"9sA ".cA thee orc several i9rn arm
Canal for Of The railway These armOpeings
,sed BY isr4oers TO pass from erm to farm without cross
apg oie The nils; aud tie usual style in which
they are built to leave them open At the top with merely two
parallel beams sufficient place rails or the road upon
rhore protection such o light barrier covering
prevent persons from falling into the opening who
bsakcr is quite high and proved by droyers and 9th
that when these heavily laden cattle trains arrived 10 the
night season al his spot they frequently became stalled 50
that the engines could not the train forward aud
had 20 slack and then o.N id violently and jerk the
train over TINS grade A. other times the engine could not
even jerk the train over t place and they Obliged to
take half the train the next switch and then for
she engine TO return and take The rest These drove ere
entitled 70 pass and sign contract which is designed by
the Company ubsOvc from M the liabilities OF
beast .
n The decision OF the principles in this case we insert the con
Nrv.Yonk cHyrn,L R,r1soAD,}
hVTlALo SJ% S ,5 ,SI tii = 5nv nv and
between ih NcwYok Cens HsToad Company Of The I.t part
81 S S yo CeB otpapv transport cattle borSe
hogs pigs sheep bs calves live stock only hroass
lse tIa excepting 10 the FLOWING eases w Where they
shPpT assuming certain s specified below Now ~ con
I've oct the reduced rate Of So PEI carload
tSju which an or ether Of tien may receive eoH'e
goenee Of any Of them being Wild vicious 1gry weak escaping OF
o saGocOu other ia effects Of being crowded eitteI upon
Soc q hay straw er Ocr by owner for feeding the
ii rex Of sny loss or daase may sustained BY delay in
owners sr Ioad 10 essr1e The cars sad to take all rE against
sccdenis may happen consequence OF insecurity there
And faIiSst 'Frred tast ths sd G Lockwood to load
Cts ao.d Comply furnishing The aeec,ssTy is6cF.I, to @
riding charge the stock do their max Of
And jhs ioe5 wus.s.,h said C. Lockwood
" TO west Albany OF ne clSE 5s
F'g sisss 6 es3.1:l F Fs.i5o'''
Good only on sock Tain % Albany Of this date .,, -,
himself the quantity entities him pass free West
The conductors othe tra OF which s;ocki, viii there
fore the bearer e West Albany taking 40 this pass before ar
considered waiver q al claims for personal damages and injuries re
On the morning Of the 5 June las Mr. Lockwood signed
contract above effect and took the pass The cattle
train on which he and his cattle left Buffalo at about 10
SoT ,e mdniS6t or Tie sth The train as is not uHcom
mon stalled and then commenced the jerking pro
cess After little while Of the Company came into
~ iI o. tSc trr Tcchwood wa n stranger TO tbis
road went out his agreement required him. look eo
tb iT 10 where his cali, were he fit through into this
fsmopcnng being light HIM and covering
crossies protect hin aud suffered suca injuries puts
him beyond hope Of full efficient recovery. was
fallen into the same opening He brought this action 70 &c
Truman Smith and George Shea appeared counsel for
: ~ FSirehla and Horace T. Cart for Tic Company
who oonended that Bsses case iu - Ncw Work Reports
RepSrs declared be IRE law this and Of tho Fed
era Courts company could By such SpuatouS exist
IN this exempt tAems nom liability In such cases IS @
Tie pautfs counsel co-icnded that company acting as
SS a9Te S5' a o oge rom t ms action was not
preiicated upon breach contract but omission Of this
duty defendant while the company might simulate
be held respoRc iC- acts necessarily delegated 10 the
charge of agents IL against public policy 70 permit
them 20 avoid By contract in limitation Of their own liability
duties which, bodies p0c tho laws a. tler creation cast
upon item in the nature Of trunks which could not be delegated
nor omitted norpcgCcted aud that such release tie Central
Road In this seeks % in defence no sort o pro
lection against its liability a common law common carrier;
the company could have prevented this injury because
they were warned M the accident done It's at this
spot years before Of the dangerous character Of this
uncovered opening and that grave omission OF duty on
part the company 20 have sufficiently protected per
|arrqive tho rrrfr orl00 Of gu lCg dents
Judge Suaey took the plaintiffs COUNSEL view OF the case
and charged the fury that the contract release question
protection 70 the company and that the OF plaintiff
such release made That such contracts M
limitation the corporations liability null and void
against the policy OF the law.
Amer short retirement the jury found ior the plaintiff @ 900
damages.
II IS Of course probable that the VIII be taken up by ap
peal by the company the Supreme Court Washington But
The opinion Of Judge Smaey and this heavy verdict Of great
importance as affects all common caITieIs liability al com
mon law.
UNITED STATES DISTRICT COURT-NOv l4.-BeOrc
Judge SHH2iAN.
sRAMRN's WAGES CASE.
Auguste Meier ct al ag The Steamer Western Metropolis
The hbeants 90 in number) shipped as seamen on
he Western Metropolis for voyage TO Bremen and back
She furnished with Mancys patent eccentric wheels
featheng bucket few days after leaving this port her
wheels broke down in calm weather compelling her 70 abandon
the and back distress On her return 10 this port
the discharged The beans claim wages for the
On the trial their counsel offered 70 show that these
wheels experimental insufficient and unseawOhy The
aInH0 20 he