New-York tribune., 1867-03-22
sJJPREMF COURT-CmcUIT-M MARCH 2l.-Before Mr..
Justice LEOSARD.


RAILROAD uONICIDEs-THE LAW FOR CONDUCTORS
VERDICT FOR TUE NEXT OF KIN OF THE DE-
John r. WIisr Administrator Lc, .s The Long Island Railroad
This case reported yesterday was bronght f9r VINE yne
Walker by a collision on tho Long Island RaI9aa t near
Jamaica This collision occurred on tne 2tn 2, %e
relying the morning passenger traln Delng aso on
s %o scsased Sna %Eer Standing on the platform ana
this II was claimed negligence. statutes01 ,n,s
State provides that In passenger Is injured wn9
ON The platform Of the car In violation Of tho printed
regulations of the company posted up at the nms IN
nv shall not Be liable provided It furnishes room inside
It's passenger sufficient for the proper aecommoaa
Deerparf, With his daughter and one grandchd There
were not seats for them at that point but ultimately ne
SaasGdsdf added p94 from O1g @ To me and
given to show that there were seats In the rear car
Mediate neghborSood Of the plaintiff the full
and several were standing on the platforms some ses,
but Tor the Occupation of baggage and Others p
passengers lying Edown At the conclusion OF he ese M
action is brought and its relations 70 the old common
law charged the that for the plaintiffs to recover the
this death by negligent conduct their part and that no
negligence Of the deceased contributed to IT, Very PROB
ably his being the platform caused his DEATH ana nS
the defendants relied defense Under the statute
1t so If seats could be procured in the car 70 MS
able care in searching for seats aud was unable to find
one then would charge them that he was entitled to
printed notices complied with The statue
required before this should avail them that suitable accom-
mediation should bo furnished the passengers ms na9
been held mean proper seats. Nor the deceased
discover the seats In the Whether ne
had used reasonable amount OF care was for the jury 10
determine In view OF all the circumstances IL was tne
OF tho conductor 10 furnish seats for the passen
gers 1t is not the duty OF passenger to enter into
contention with those occupying more seats than Oe OF
see to providing seats The Court then laid down as the
rule Of damages the pecuniaiy loss OF the next OF KIN
compensation for the suffering OF the deceaseu
the grief those connected with him. But the Pc
cuniary advantage dervable from mothers care, nur
ture education had been included In such damages
and he presumed similar rule might apply IN the case
OF n father. -. ....
The jury rendered verdict for plaintiff FOR $3.50
hr Black for plaintiff; Mr. Vanderpoel FOR defendlnt
CHAMBRRs-Before Mr.. Justice ISGRAHAM
DECISIONS.
Thomas s. Solomons. &c, agt. VIM II. Adams and
oihers-Moon dismissed with leave TO renew ON proper
papers, 49,.
ton granted with costs.
WIN b. Barker sgt. George Hodges.-Motion granted !;
costs 20 abide event. ~.
Thomas w. Hawkins ct al agt Charles H. Lyon.-Mo-
ton grTgnted with costs. ,-
James Woods ct al agt. c. H. sanborn ct al-Motion
granted payment OF costs Of default and all subsequent
cutiOn to stand &c.
Before Mr. Justice Y. D. SMITH.
H. n Parker agt. George G. Penny and others-Motion
granted with $40 costs TO abide event
Moses s. Friend agt Isaac Sckendorf- ueheo'
6aloskinsky agt The Arctic Fire Insurance company
Decision OF Clerk reversed without costs TO either party