The New York herald., 1867-04-19
SUPREME CouAT-ClRCUIT-pAa' ! 2.
Action to Recover $4,000 from Adams Ex-
Steamer.

Action to Recover $4,000 frou Adams Ex-
press Company, Lost BY the Burning Of A
Steamer.
Before Judge G. G. Barn ard.
Asa r. C5ckraa u.s. Wn. D. Di's more Presiden, =
Abeut the 9th day Of March, 1862 package Of money
containing s5ooo placed in II o hands of Adams
Express Company, in this city, tc be forwarded and
delivered to the plaintiff at New Jrleans The money.
together with $4,000 belonging TO other pares wss
placed in safe and shipped on board the steamer
Bio Bio which sailed from tks port for the Crescent
city on the 10th day OF March 1863 Nine hours after
the arrival OF the vessel at s latter port the
took Ere and was burned, mixing in about twenty
feet OF water Mono OF The cargo was saved
In tho same month the ca mpany employed John X.
Scott, diving bell wrecSe r. to sayo whatever of the
cargo unniurcda giving particularly the location in
tho vessels hold of HE sa and promising him $40 600
il successful in recovering its contents. About three
months occupied inte ubaqueous Search but no
of safe could be discovered though boxes Of
cigars oranges, sc, which had been taken board at
Havana and described being slowed in the lower
sold SAFE found plaintiff now brings
hs action to recover $4,000 tho valuo OF the money
yioss
The affidavit OF Scott the diver setting forth the facts
in relaan 70 the search for and nondscovery OF the
affidavit OF Horace W Bates assistant agent OF Adams'
Express Company at New Orleans stating that at tho
time OF she arrival OF the vessel no made inquiry at the
captain 10 tho location OF the safe and informed
that It in tho lower hold, that II had carried
between decks but In dischagng freight at Havana had
been removed and placed ut tho bottom of the ship
At this stage of the proceedings defondants counsel
moved nonsuit the ground that no negligence
: had been proven, and that when the vessel was de-
sroycd by fre or the act of God the defendants
discharged from all responsibility or obligation The
plaintiff had proved merely the loss Of the safe, with
its contents, but adadduced evidence to show neg
ect 10 its stowage or In acts which might have tended
10 tue firing OF the steamer Tho Court granted the
motion for nonsu and directed the to be taken
Immediately appeal TO the General Term. For the
plaintiff. S w. Nash; for tho defendants James 7.
sLrady.
Actions 20 Recover $4,000 Damages frsm =
81! Is Hacikman-verdict 800.
Before Judge Davis .s4 "a
| Maria McDonogh vs Vzliam App.eton This action
brought to damages from the defend
ant tho proprietor Of horse coupe for injuries re-
by plaintiff through the alleged negligence Of the
driver in knocking her down and running over her on
tho morning Of October 3o 1885, the Fifth Avenue
HOTEL on Broadway. II shown in evidence that
plaintiff about crossing tho street and was looking
In opposite direction to that from which the hack
driven, street approaching from the other
way The shaft Of the vohiCe struck her tho shoulder
throwing her down, and she claims that the horse
then tramplcd ber and the wheels passed over her. In
jurng Ler severely In the spine and from which she
still suffering The driver Of the carriage that he
paying particular attention TO his course and that
the plaintiff 'walked into his horses shoulder and was
knocked down, butthat he certain the did
tranpe on her, although he could the animals
ness, who stated that he empoye of city
road company, and witnessed the occurrence, testified
thai he not certain whether plaintiff was trampled
upon by the Wheels that the horse was not
travelling at rapid pace, but was going either slow
trct fast walk probably about seven miles an hour
For tho plaintiff, Chauncoy Shaaer; Tor the defendant
James W. Gerard. fE44 Iuth -