The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-04-22

Thomas II. Weston ct ais, vs. Grand Trunk
Railway Company.
We gave short statement of the case III
our Thursday mornings edition. Inc 'ri"'
has been long and the evidence VoiuhiiAoe''
the principles involved in it now perhaps ~
the first time undergoing full Juulci''i ih,e'
cation in this State: the duty Oh runway
comuauy in regard to furnishing equipments,
in regard to preferring frelghts, ana carrying
Goods with despatch, the measure OF damages,
and in general the liabilities of railway COM
nor;as "a common carriers. The case, as be-
fore stated, is one for damages, charging that
rho defts.. having received their 900 bbls. of
aour at Detroit, at different days, about the
middle of January, did not deliver them with
reasonable dispatch in Portland, and that the
pltffs suffered a large loss in the decline of
prices as well as in the use OF the money. 1t
was not in contest that IL defendants were
common carriers from Detroit to Portland,
that they received the -four at the time charg
ell in the writ, and that they delivered it, on the
average, at about the middle of April being
three months in their hands 1t was immedi-
ately on its reception at Detroit forwarded TO
Sarnia. SO that tina only questions were
whether, under the circumstances, three
months was an unreasonable time for getting
the flour through from Sarnia to Portland, and
if the plaintiffs had right to recover, how
much. and what the rule of damages. .... A
The openings and the proofs in the case oc-
cupied two days, Wednesday and Thursday
Mr.. Drummond made the opening for the
plaintiff Mr.. Barnes's argument for the de-
fence filled the forenoon session of Friday,
60 l,a ia psnIf Ina Foo,
noon. On Saturday morning Judge Tapley
delivered his charge to the jury. We do not
propose to give summary or synopsis of the
arguments or charge, but touch them skip
pingLy. .-.. ... ga1 .aI
Mr.. Barnes said that the controversy was
one of some magnitude to both parties. that 1t
was not contested in any hostile spirit as be-
tween those parties that the plttfs., Mr.. Wes-
ton and his partners, We're most estimable citi-
zens entitled to and having the credit and the
rights belonging to any good citizen; and on
the part of the defendant corporation, he felt
the fullest confidence that they had not the
slightest intention to do the plaintiffs wrong,
that if the plaintiffs suffered, they had suffer
cd more and heavier losses
Great efforts are making to bring about a
system " hich will enable producers and pur-
chasers to ship their freight from the Missis-
sippi to the Atlantic without change of cars
One witness, Mr.. Hayes, a resident of De-
u
fed to these efforts. We learn from him that
the Blue line embraces the following railways:
the Boston g. Worcester, the Western, the
Hudson River, the New York Central. the
Great Western of Canada, having the third
rail from the suspension bridge to Windsor to
complete the narrow gauge, an immense iron
boat on which they run fourteen cars, that
completes the connection across the river
with the Michigan Central at Detroit.
AT Chicago, the Chicago, Burlington and
Quincy, strike the Mississippi at Quincy; the
Chicago and Alton road strikes the Mississippi
nj ST. Louis; that portion OF the Illinois from
Chicago to Cairo strikes the Mississippi at Cal
70; this completes all of the Blue line which is
at present IN the consolidation OF the through
freight interest. The central office for the
whole through line is at Detroit. The accounts
for ali the line are kept there From Boston
to ST.. Louis there is but one bill. The cars are
built by the different companies all of one pat
tern in proportion to the miles run, The car
is til en- at home anywhere on the line. In case
of a breakdown every company haying the pat
terra on hand can repair the car. All the roads
running out of Chicago and the New England
States, being of this uniform gauge enables the
ordinary rolling stock OF all these lines TO run
all the roads, bringing into use, II required
the common stock of all these lines to the ex-
tent of from ten to fifteen Thousand ears =. .-f
The President and General Superintendent
of each company form Board OF Directors in
the Blue line; the general freight agents, the
executive committee for fixing rates on
each of the way roads to competing points to
be charged by their lines, the object being to
facilitate the transfer of freight for the mutual
benefit of the roads, shippers and assignees.
These facilities have been required to satisfy
the demands of the public since the time when
this action was laid. -..-t ..s.
Mr. Barnes in the course of his argument
paid Mr.. Hayes the compHmentof saying: We
pray you remember the testimony OF MIR. Hayes,
who on the day he was here, was not surpassed
by any man in New England for his knowled
OF railway transportation, and who couldn't be
surpassed between here and the Mississippi
river in his knowledge of what were the actual
facts of the case during that winter of 1855.
Two years ago and for some years before, we
single handed and alone were trying to do that
very thing as far as our lines extend.
The whole thing is in its infancy, we have
these lines to the west but there is not enough
of them yet; these Western States will feed
the world if we can open communication for
them. Mr.. Hayes told you that the first word
in the article of association was dispatch to |
promote Dispatch" Production is rushing for |
ward at pace that outstrips all their efforts
in improving their transportation.
will state what understand to be the rule
which governs railroad ompanies and all 9TH
er common carriers, in the matter OF delivering
goods entrusted to them. Common carriers
are held Under very strict obligation. If they
lose goods by anything but by the act of God
and the Kings enemies, they are held answer
able for them. Not violence not robbery, not
raging and accidental fires will excuse the
losses of the common carrier. The common
carrier OF passengers is held to use the utmost
possible care. But the question of the time
within which the common carrier must carry
the goods entrusted to him, is hampered by no
such strict limit. 1886 ri @ e-5
The rule of time for carrying and de- |
livering is simply the rule of reasonable
diligence. He is to use reasonable diligence
and deliver within reasonable time according |
to the facts and circumstances in each case; so
the Court will advise you. If bridge was de- |
stroyed on our line we are not to provide other
means of transportation nor to hasten the
building of our bridge at an enormous expense
nor to run the cars into the chasm. We are
permitted to wait until with reasonable dill
gence, in a reasonable time, we can repair the
bridge 80 that it is reasonable and safe to pass
over.
The point of the block being at Port Sarnia,
it is enough for us to show that we worked to
clear it at that place.
Court: Let me suggest whether you are not
obliged to furnish means and power enough to
transport all you receive. -..r.- 5.I.i- D.. |
Barnes: If common carrier or railway
carrier were aUoluntory contractor, that would
be a very fair question. .a.E fE L
Inc rallroad carrier is not a voluntary con-
tractor, ne takes what is brought to him and |
must takeit; he is just as liable In DAMAGES for
Its carriage. -" -
The counsel admitted that preference was
given to perlshable goods dressed HOGS and |
live stock, and also to boxed and barreled meats
for the Liverpool market; and Justified on tho |
grounds that, that the first class preferencea
were legal and the second, the Liverpool goods |
were shipped in open cars unfit for -four The
decline in the price of -four was partly owing
TO the fall in gold gold fell while flour did not
The transportation on the other roads was used
to supply the army, which increased the ear
rage on this road. The freezing up OF canals
and blocks on other roads would throw trans
portation on this road and produce block
here. A block on road is like a jam on a
river. - '...'--'
The counsel continued, commenting upon
the evidence and illustrating his points Of de-
fence and closed by remarking upon that ,ois-
dom much comes after the event. 1t is easier
to tell how the block in the winter of '65 could
have been cleared and Mr. Weston's goods
brought promptly forward to their destination.
than TO have done that thing, if we ourselves
had been in the place of the EMPLOYEES AGENTS
and managers of that road who worlaS d;T
gently, days aud nights and SUNDAYS in snn1
shine and in storm, and did their best witbont |
being able to accomplish it. It'll easy fn ~
after the ship has been cast awav to teIl bo, "
could have been saved IL sce had only stool -
on thequarter deck and given off the nrdors up
DAVIS. Mr.. Davis said that it was not Jon;
ed that the defendant corporation was sub;an.
to all the liabilities and bound to all the dntes
of common carriers at common law; that heinz
conceded, it j. important for you in commance.
inc the investigation to understand lust what
the duties and liabilities of common carriers
are, in regard to freight that is rendered to
them, or that is rendered and received by
them. One part of the writ, to the reading of
which you listened is not before you, having
taken a different course by the pleadings in