The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-03-06
THD COURTS.
SUPREME Counr OF THE UNITED STATES

SUPREME CoURT or THE UNITED STATES
TUESDAY, March q, 1867
Action 10 recover for the death Of a son-Ths
measure Of damdgs-Raiiroad duties and habit
re,-Ths WinOi' Central Railroad Company,
plaintiff IN error %. William barron The judg-
ment In this action was rendered by the Circuit
Court for the northern district Of Illinois, and
comes here for examination on writ Of error. The
defendant In error, executor Of William T. Barron,
deceased, brought his action against the plaintiff
In error for damages occasoned by the death Of his
testator, caused as alleged by the oarelessness and
negligence ofthe company, in January, 1882, while
deceased was getting OH q car In the neighborhood
Of Kenwood Station near Chicago.
Tho testator was q bachelor about 35 years Of
age, and owned an estate worth from $50, 900 TO
$40, 0O0 The plaintiff was his father, and he left
brothers and sisters, one Of whom had formerly
ceiyed some assistance from him for her support
The verdict was for the plaintiff for four thou
sand dollars, and judgment was entered thereon,
to review which the company took out writ Of
TO this court insisting that the court erred In
instructing the jury and in refusing to instruct
asked BY them, in certain particulars which will
appear from the argument.
II Is now commended that in order TO recover more
than nominal damages II was necessary TO show
that there next Of kin in existence entitled to
| claim the indemnity given by law, and that they
had sustained pecunisry loss justifying the claim.
| The intention Of the act under which the action
was brought was to compensate the widow and
next Of kin Of the person killed for the pecuniary
injury to them oocasioned by his death. II the
| death caused them no pecuniary injury the act
gave them no damages, for the compensation for
such injury was the measure Of damages. The act
Of New York for this purpose is quoted, II being
similar to the Illinois statute, and the decisions Of
the courts Of that State under that law are cited
| to maintain these propositions.
In this case there were next kin who could
properly be said to sustain any peouniary loss by
| the testator's death. None Of his kin had any
peouniary interest in his lfe No one stood In the
relation to him that the mother does to her child,
and whose duty It would DO to furnish II care and
nurture. No ono in the relation that the minor
child sustains towards its mother who could re-
ceve the benefit Of It's services until II became Of
ago. The plaintiff in this case was not dependent
upon tho deceased as his son-not entitled to his
future earnings nor were bis brothes and sisters.
| Indeed, instead OF q pecuniary loss to them, his
death gave them an estate Of great value which
otherwise they could not receive, and which they
might never receive.
| A railroad company is not q warrantor Of the
lives of its passengers against the negligence or
willful acts wrongfully committed by another. It's
duty 10 to provide proper and safe vehicles to carry
| passengers and to run them with skill and without
negligence 1t Is not Of the obligations Of the com.
pany to warrant passengers against an injury caused
by the careless driving Of horse or load against
car, or one occasioned by the wrong Of another In
placing an obstruction on its track. In this case
the accident oecasionsd by tho wrongful acts
of another railroad company, which was authorized
| by law to run its trains over the same track.
The company reply combating these PROPOSE
| tions.
VIM. Tracy for plaintiff in error Mr.. Cook Op.
posed.
RsHds,iceJ Of Tie Judge, Of The Supreme Court Of
the United States.
Mr.. Chief Justice Chase, street north, corne
| Of Sixth street west.
Mr.. Justice Wayne, No. 2 Franklin Place,
street
Mr.. Justice Nelson, National Hotel.
Mr.. Justice Grier, No. 9 north A street, Capitol
| Hill
Mr.. Justice Clifford, National Hotel.
Mr.. Justice Swayne, Wizards Hotel.
Mr.. Justice Miller, National Hotel.
Mr.. Justice Davis, National Hotel.
Mr.. Justice Field, Wizards Hotel.
John W. Wallace, reporter, National Hotel.
D. W. Middleton, clerk, No. sos New Jersey
| avenue.
David S. GOOding, U. S. Marshal, 4s1 E street.