The New York herald., 1867-03-06
UNITED STATES SUPREME COURT.
Action for Causing Death-For Whose Benehi
Does the Right of Action Ensue s-The Du-
ties and Liabilities Of Railroad Companies

ties and Liabilities Of Railroad Companies
Measure of Damage.
The Illinois Central Railroad Company, Pldtnti1s ~
Error u.s. William BarrOn-The judgment iu this action
was rendered by the Circuit for the Northern DIS
irct OF Illinois, and comes here for examination on
writ Of The defendant in error executor OF WI
liam T. Barron deceased brought his action against the
plaintiff in for damages occasoned by the death OF
his testator caused as alleged by the careessness and
negligence Of the company in January. 1862 while de-
ceased getting of car IN the neghoor-
hood of Kenwood station, near Chicago The
testator was q bachelor about thirty-hve years
Of age, and owned estate worth from
s3oO0O $4,000 The plaintiff was his father and he
left brothers and sisters OF whom had formerly rs
yed some assistance from him for her support The
verdict was for the plaintiff, $4,000, and judgmest
was entered thereon; to review which the company
writ Of error this court insis ting that the
court erred in nstructing the jury ana N refusing %
instruct asked by them certain particulars which
will appear from the argument II is now contended
that in order to more than nominal damages e
necessary show that there were next OF KIN IN
existence entitled to claim the indemnity given by law,
and that they had sustained pecuniary loss ustnyng
the claim The intention of the act under which the &C.
ti,n was brought to compensate the widow
aus next of kin Of the person killed for
the pecuniary injury them occasioned by his
death If the death caused them pecunias airy injury
gave them no damages for the compensation tor
such INJURY was the measure OF damages Ins ac. o.
New York this purpose Is quoted II being siraiar 70
the Illinois statute and the decisions OF tne courts Oh
that State under that law are cited to maintain snese
propositions this there next OF KIN VINO
could properly be said 70 sustain any pccunary loss ny
the testators DEATH None OF his next OF kin had any
pecunary interest in his life No one stood IN the rea-
ton TO him her child, and whose
duty would be furnish and nurture NO one
in the relation the minor child sustans toward ts
mother who could receive benefit Of iis services
until il became Of age The pianti in this case was NOS
depend cnt upon deceased his not entitled TO
his future earnings nor were his brothers and sste
Indeed, instead of pecunary loss 10 tnem DIS deasn
gave them estate OF great value, which osnerwiso
thau mt
receive. railroad company Is not
OF the lives Of its passengers against the neg
ligence wilful acts wrongly committed by another
Its duty is to provide proper safe vehicles to
passengers, and to run them with skill and without
negligence II is OF the obligations OF the company
to waraut passengers against injury caused by tho
careless driving Of horse or load against car or one
occasioned by the wrong Of another IN placing an oo-
struction on its track In this the accident was
occasioned by the wrongful acts oil another ratroad
company which authorized by law TO run us trans
the track. The company reply combating
these propositions
The Observation-Disclosures Liens for Freight
Can nm Acrion he Maintained for Cargo
Carried Under n Charter Party Z
The Ship Bird Of Parodise-Her Tackle, DC Appel
toas rs Leonard Re,neraor, et dL-This Is appeal
from the Circuit Court for the Northern district Of Cali
fornia. The lbelans filed their bill In the District
Court against the Bird Of Paradise to recover $500
damages Of charter party in not consgning
the vessel to them delivering to them the cargo,
but retaining it, claiming lien for the freight when no
such lien existed and against her cargo OF COAL to re-
cover possession Of it. having good title thereto with
moniton all persons claiming interest therein Process
was issued against and cargo both were
attached The claimants IN their answer claimed the
right 70 retain tho coal for the payment of reght denied
the wrongful detention and damages, and owned that
Eccles the charterer, had failed 10 perform the
cnarter--had failed 70 pay tho freight (which was
due before her arrival. aud was insoIvent bank-'
rupt and absconded, aud that his original agreement
fnr crndtf fxpae n
On the 10th March 1868, anthony Eccles, OF Liver
pool chartered from the claimants the ship Bird OF Par
adsee which they owners, 70 carry full Cargo
OF coal San Franciscp the rate Of 53s Cd sterling
per the quanny delivered payabe on unloading
and right delivery the cargo the freight to be paid
Liverpool quarter in cash. quarter by the ac
ceptance Of Eccics the charerer at six months from
the na sailing of the vessel and the remainder by Nkc
bill three months from delivery at chartcrer's ofce
Liverpool of certificate OF right delivery Of cargo,
agreeaby 10 bill of ading, ~ cash less nve per cent
al frc,ghters option The aud her cargo bound
for the performance OF the charter The penalty Tor non
performance the chartered freight IN pounds ster
ling ON the 4th day Of April 1868 the master signed
and tho frciehtcr Ecces, accepted bill OF adng in
the usual form for the cargo deiveraoe 70 order Or ~
signs, he or they paying freight at the rate liked by the
party The cargo belonged co Ecccs ana tho
charter party providcdt at the vessel shod be consgD
Go his agents in San Francisco The ibeliants woro
agents OF Ecces az San Francisco The vessel called
from Liverpool April 16, 1S8a and arrived at san Fran
CISCO, December 26 1663eigbt months and ten days
The charterer cccs paid quarter Of the freight ba
fore ang, aud gave his acceptance lor another fourth
at SIX months falling October 10. 1862 than
two months before the vessel arrived but II
paid Eccies having failed 10 business ana becoming ana
remaining insolvent ard bankrupt The other &C
ceptance Tor the residue Of the rcrb gwen aud
the freight was not paid nor offered 70 be PAID at San
sign the ship and cargo 10 tho libellants, tho
agents OF Ecccs, but kept control Of them.
The beants, the agents Of the insovent char,crcT.
demanded the cargo OF the msser without ravmcDt OF
freight refused deliver u unless tho
freight which amounted to s7o5o in gold, was paid ON
delivery according the bill OF adng The char'erer'S
agents insisted that freight payable except BY
their bankrupt principal ia Liverpool IA his own worth
freirer never exercised on communicated The option
in the charerp party He never gave Dor oncre0
accepahccs. except before sailing nor oiered %
pay nor refused 70 pay cash The decree below
the cargo belonged TO the belants and there was
lien for freight The claman appeal 10 this court,
contcnding that this unconscionabse action,
and that in such action the court will make aI
reasonable prcsumptions agans the o,lan.s ana ens.
incompatible requiring different judgments and for Tins
the decree must be reversed The case as presented IA
ar,iced upon the libel anS eot this the libel
iants not entitled TO recover As to the action OF
possession. the beiiants were not entitled 70 recover
unIess they made out SssSse,i 5uyis right to the
possession OF the cargo of Freight as againss Captain
Davidson The master of the vessel, who was IN posses
they bad posscsso-y right under the charter party
They were not parties and II was never assigned 10
thsm Their r,ght under the bill Of IaAsng alopes
by the bill OF adIng the cargo was TO be delivered
sIc Il rate sca r. a by c CHARTER party There no such
action possession for cargo carried UNDER charter
party or a bill Of adng The action must BE- ~ rem
against the ship IN psrsondm against the master or
owners for the violation OF the contract OF arcight
meat The freight Is lien upon the cargo BY tns mari
time law all presumptions in favor OF the lien
this there Is such clear evidence that the
owners intended that IN all CONTINGENCIES and at an
On the other hand, there fundamental condition
that the acceptances should be good This condition the
which always aid in the Of such oontract
fhe respondents scbnn lengthy argmsnt manta'n-
Ing the views Of the cosrt below
cnIRT cNENOAa-TlY OAy