The New York herald., 1867-04-19
SUPREME couRT-ciRCvlT-paa' { 2.
Action to Recover $4,000 frou ! Adams Ex
press Company Lost by the Burnius OF
Steamer.

Action TO Recover $4,000 rrou , Adam. Ey-
press Company, Lost by the Burning OF 4
Steamer.
Before Judge g. G. BarU ird
Asa r. C5eIraa re- Fna D. Di,s more. Pre,iden, -
Abeut the 9th day OF March, 1862 package OF money
Containing 000 placed In II o hands OF Adams
Express Company, in this city, te DO forwarded and
delivered 10 the plaintiff at NewS Irleans The money,
together with $4,000 belonging TO other parties was
placed in a safe and shipped on board tho steamer
Bio glo which sailed from hf port for tho Crescent
city on The 10Th day o Maron 1863 Nine hours ate,
the arrival OF the vessel at ty latter port tho
took Are and burned, mixing In about twenty
feet OF water None of Tho cargo was saved.
In the month the ca mrany employed John X.
Scott, diving bel Nrcoio 20 whatever or the
cargo unirsured, giving particularly the location in
vessels hold OF tbe saak and promising him $40 900
IL successful regoyeriRg contents About three
snonhs occupied u.the lubaqueous Search no
of the safe could be discovered though boxes Of
CARS oranges SC which rad been taken on board al
Savanna aoJ wore described bpg slowed in the lower
s1old, inc sale, found Tie plaintiff brings
hs action to recover $4,000 the vauc Of the money
,i,ss.
The AFFIDAVIT. OF sco the diver setting forth the facts
in reatan to the search for and nondscoyery or the
safe vac produced on behalf OF the pGilkK also an
affidavit OF Horace w. Bates, assistant agent Adams
Express Company at New Orleans stating that at tho
captain 10 the location OF the safe informed
that was in tho lower hold that Il had been carried
between decks but In dschgng freight ut Havana had
been removed and placed Mt The bottom of the ship.
Al this stage OF tho proceedings defondants counsel
Tor n0nsult, on ground that negligence
had been proven, and that when the vessel was de-
sroyed by hre or the act OF God the defendants
discharged from all responsibility obligation. The
plaintiff had proved merely tho loss Of the safe, with
its contcnts but ha adduced evidence to show neg.
lect in its stowagc or In acts which might have tended
10 tho firing OF the steamer. Tho Court granted the
motion for nonsut and directed the to be taken
Immediately on appeal 20 the General Term For the
painiin S w. Nash; Tor tho defendant, James I.
Lrady.
Actionto Recover $4,000 Damages from n
gl Haciiman-yerdict S1O0.
Before Judge Davis
| Mdria McDonogt vs WiNiam App,etom This action
brough, to damages from the defend
art, the proprietor Of horse coupe for injuries re-
cevcd by pianiI through the alleged negligence Of the
driver in knocking her down and running over her on
the morning Of October So 1885, the Fifth Avenue
HOTEL on broadway. II shown in evidence that
plaintiff was about crossing tho street and looking
In opposite direction to that from which tho hack
driven q street approaching from the other
way The shaft Of the vchcle struck her the shoulder
throwing her down, and she claims that the horse
then t'amplcd hcr and the wheels passed over her. in
urng ler severely In the spine, and from which she
still suhcring Inc driver OF the carriage that he
paying particular attention his course and that
the plaintiff 'waked into his horses shoulder and was
Knocked down. butthat he certain tie horse did
'rauple on her, although he could the animals
fofc boots from seat on the carriage box. Another w.t.
ness, who stated that he employe OF city rail-
road company, and witnessed the occurrence testified
thai he not certain whether plaintiff was trnmpled
upon or run over by the Wheels that the horse
travelling at rapid pace, but going either slow
trot or fast walk probably about miles hour.
For the plaintiff ohauncey shaaer; Tor the defendant,
James w. Gerard.