New-York tribune., 1868-05-28
THE COURTS.
CIVIL.

CIVIL.
The United States Circuit Court petit jury were
yesterday discharged till to-day. Judge Nelson
nounced that the appeal calendar would be called to-day
The argument on the motion for anew trial OF James
Freeman the Internal Revenue Inspector who found
guilty Of extorton, was postponed.
In the Superior Court before Judge Barbour,
the examination the OF Darcy against the Third
ave Railroad Co was eonciedea Yesterday Tins was
Darcy, alleged TO have been fatally injured BY collision
having returned at late hour in the afternoon they
were directed to render sealed verdict.
The United States District Court yesterday
was occupied VIII the tIa 9t Tue eSse 1 tne SePtuas
It was libel by the owners OF the propeller Doris %
recover for collision between that vessel and the Mary
sanford, near Sands Point, on Long Island sound on
Sept 49, 1865 The Doris was on her way 80 New York.
vessels were badly damaged Mutual allegations of neg
gence we're made, ana as Is usual IN these cases .he
The case of the Bank of North America agt
Meyers ct al. came up in the Superior Court Special
Term before Judge McCunn yesterday The.defendsnts
n this suit were the 2Sd Of January last brokers' and
oyerdrew their bank by certified checks 10 tho
OF nearly $22ooOo The day disastrous in
waIst and the defendants failed The plaintiffs say the
Overdrawng was frand. and procured an order of
rest against the defendants. The latter seek TO set 10
aside alleging that it the custom Of brokers TO 50
overdraw making their balances good before p m and
that their failure do arose from the unforeseen panic
the market that day The Court reserved It's decision
In the Common Pleas. yesterday, the case
OF Kelley against Knball, which has already been ro
ported decided ~ the Jury finding verdict for the
defendants In this suit the plaintiff claims Of
sl5OOO part OF the purchase money paid by him the
defendants beaver cloths, the ground that the
M fy ere @ 70 e e S Te % prDo On ra
that clerk wto mad sold them said they "awOol
goods" In reply the defendants claim that the clerk
was not authorized 10 and did not give warranty That
the eJods sold in the ordinary way with fu oppOr
tuaity 70 the plaintiff TO examine them and that bY the
custom OF trade well known 20 the plaintiff "allwool'
did not absolutely all WOOL but just such mixture
this cloth The Court charged the Jury that the
clerks action was the defendants action but that ths
custom understanding set up by the defendants
well established one, known TO the plaintiff the warranty
satisfied az,
In the case of Caldwell against the New.
Jersey Steamboat Company which has occupied the su.
TO the jury. Mr. Dckerson finished his summing up 70
the jury arguing that the boiler OF the ST. john the
posion OF which caused the misfortune of the painua
not properly braced proved by the fact that the
addition OF three stays TO the boilers had prevented any
SSsdg that the two defendants ana had not a .ho%s s@
that wellknown tests had been applied
boiler and that the absence OF an iron bukhead between
the boiler and the cabin was source OF danger which
had been pointed out in pamphlet tths pamphlet pro
Quirng such bulkheads by the himself lie also
charge asleep, and the ares raised just before the
aecdentI The Court passed )n the requests Of counsel
for the transportation OF passengers were no,
insurers OF their engines or OF their passen-
freight, they were held to hehghest care and caution l.
their management. When passenger had established
been injured by an accidenin it's machinery, the law
presumed that II was by the negligence OF the carrier.
and the burden thrown IN him 20 show that every
and precaution which human prudence and fore
sight could devise had been used. The question
divided itself into two pOiIts Whether the boiler had
been constructed with all care and precaution.
and whether she conduit and engineering Of the
hoier WAS proper As 10 the first they had heard tho
various theories propoundd H. from all the testimony,
ncd and the materals appeared 10 have been OF the
best kind and used in the fashion Known they would
any test Of science then Iown by which ne defect.
spy which esnsed the ACCIDENT could have been detected
failure to apply such est would render the defene.nts
h,har The erSinee In charge neglected his duty and
ON tbis tbsy wee the judges The amount Of
% Si NOT gvF vIdctive damages unless they found
,h tSe defendants guilty OF eulpable negligence
~ eoich there gas evidence but that in estimating
v aA amount of sch amages they might take into 40
cn,nt the amorlt thai his accident had cost him, I'o
ond his past ohd present physical condition and suffering
They must not, however, give damages on any other
nrincipe or feeling account OF the defendant benFe
CORPORATION The urywere directed to bring in sealed
verdict this morning.