The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-04
UNITED STATES SUPREME COURT.

Suit Against Marshall u. Roberts, Line of
steumers-Recoyery for Breach Of Passenger
Contract-Heavy Judgment.
Marshau o. RoJerts, Plaintiff in EvYov Henry ~
Graaam.-This comes up by writ OF error TO the
Circuit of the Northern strict OF california The
defendant In error. Graham. sued plaintiff in cror
Roberts in the STATE court for breach Of contract to
transport him, his vito ana child from Now York TO
California by way OF Panama furnishing them on tho
trip with suitable accommodations provisions and sup
plies. The plaintiff alleged false stIons, which
led HIM to take passage In the defendants steamer
Illinois. at the port Of New York; that he was
detained at the Ishmus, during which no, his
wife and child became sick; that ho took a fever
there because Of such detsnti,n, which Increased
until his arrival at Fan Francisco. permanently
affecting Lis health. that he, his wife and child were
transferred TO the Moses Taylor by defendants agents a.
Panama In such manner mat mo sickness OF his wife
cbd ereatly increased, and that the child
properly accommodated with bed during the yoy.
age from Panama TO San Francisco Tho Inducements
alleged lead plaintiff to take passage IN the m
nois tina, tho defendants hoe OF steamers the
Nicaragua route the safest and fastest thas
rous that the Moses Taylor would be ready at Panama
TO with tns Illinois her arriva A Aspn wall;
tina, there would DO detention the Isthmus, aud
tue would reach san Francisco IN twenty,
four days the outside TDat tue plaintiff took passage
Tor hi6lsef wife and child first sabin passangers,
and defendant agreed TO supply them with suitable and
proper accommodations, provisions aud supplies during
the voyage aud the child TO have 0rst cabin fare,
aud TO be IN all respects suitably and comfortably
yded FOR during the passage Tue breach OF agreement
Of representation that the Moses taylor
had no, arrived at Panama when Illinois arrived al
Asplnws. In consequence he and his family we're do.
tanned ut Aspinwa eleven days. The judge refused 70
instruct the jury on defendants PRAYER that In as
sessiug tho damages by reason OF sickness suffered
by the plaintiff personally duriug the voyage, add con-
seueut thereon they must exclude all damages caused
contracted by want 81 suc bad or berth cohna 90
the steamer Mosee Taylor because there ~ allegation
In the complaint on which TO base recovery for such
injuries aud because the allegation 10 the complaint 10
detention the steamer The judge lbs ruoted the
jury that 4 they fousd that tn: Plaintiffs sickness and
conscqusst injuries we're caused BY want OF bad clothing
the steamer, they must estimate he damage caused
by such want Of covering and include In their verdict
This instruction. clearly right In view OF the ssga.
tiens the compliant above otsd, and the lact
that evidence offered tendisg 10 prove that such
illness Of the plaat caused by exposure caused BY
his no, havisg sunicsn, Quantity q bed or berth
added that bed colhsg had been furnished him. but he
was compsisd 70 deprive himself Of u In order 10
furnished with q berth bed clothing. The
judge also charged the jury that under tho pleading
for injuries or discomforls suffered BY him the
Noses Taylor by reason OF scarcity want OF
cslhng for his bed or berth. lhse proceedings were
moved By defendant below, and the jury rendered .
verdict in favor OF the plaintiff for $4,000. Notion FOE
q trisi made aud ovsrruled with leave TO dc.
fondsnt to take the up exceptions In pursu.
ance OF which the Is here. The plaintiff 10
error con.sncs that the court erred charging and In
refusing TO charge requested The paintln was not
entitled 10 recover upon the pleadngs The rules OF
pleading require that the injury complained OF should
be stated wish such funess and certainty IN the dcca.
ration a. leave reasonable doubt OF the particular
transaction which the plsnun relies, aud which he
Intends 70 prove 70 establish hls rishs o. as.on.
most strongly against The pleader The errors OF the
below are Just a. great IN respect 10 The law Of
damages Such damages as a. tho natural, although
not the necessary, result Of the injury arc termed
special dsmages, aud must be stated the complaint,
o. the plaiatf cannot prove them on the .ral The
defendant 10 error mainleins the correctness OF the
vews VI the court below. James Brady tor plainun
10 error; J. n. Carlisle for defendant in error