Delaware State journal and statesman., 1869-06-18

THE GREAT PEACH CASE.
Charge of Chief Justice Gilpin
All the Points of Law Reviewed and
Clearly Stated to the Jury.
The Verdict.

As previously promised we give oday the
interesting and lucid charge of CHrEF-JUs-
r1cE GILPN, in what is generally known as
the Great Peach Case. 1t was lIied in the
superior Court, held at Dover, at the April
Session, in 1865.
The examination of witnesses being con-
cluded, after searching investigation oil the
facts and points of law involved, by the
learned counsel on both sides, the Chief Jus.
tice charged The jury as follows
John Truax,
The philadelphia, Wilmington and Action of Assumpsit
Baltimore Railroad Company
This is an action of assumpsit brough
by the plaintiff, John Truax, against the
Philadelphia, Wilmington and Baltimore
Railroad Company, TO recover from them
compensation, by way of damages, for Ger
tain alleged grievances and defaults on us
mart, which are both generally and specially
described and set forth in the plaintiffs de-
ciaratlon of complaint These grievances
and defaults are vAriously stated in the
many different counts of the plaintiffs de-
cIaration, but il is hardly necessary for your
enlightenment, or Tor proper understanding
of the case, that should go into particular
examination or analysis Of the pleadlngs on
noses of the case TO state TO you briefly and
in general terms, the ground upon which
the plaintiff claims to be entitled 10 recover.
In the first place, he grounds bis right to
recover upon speciaI contract, which, he
alleges, the defendants made with him IN
the latter part OF May, or the hrst oil june
in the wear 1864, through the agency OF 9
committee df the Peach Growers Conven-
ton, 10 transport his peaches during th'
peach season OF that year, over the fhll'
delphia, Wilmington and Baltimore Kali
road from Smyrna, BrentfoTd, and Mooretol
Stations, on the Delaware Railroad, Il
Washington Street Wharf, in the City o
Philadelphia, within certain definite an,
specified timed. And secondly, he found
his right 10 recover upon the ground OF th
general responsibility of the defendant as
common cdTraer for hire, aside from and in
dependently OF any special contract whal
ever.
The first thing, therefore, to be eonsidere
is the question OF special contract wa
there such a contract between the parties
Now, if no special contract has been prove
and more especially ii ii has heen show
that no such contract existed, II is the dul
of the Court TO say so, and thus to olsen
barrass the case OF what does not proper
belong TO it.
Now, in order to make the subject INTEL
gible to your minds, so that 1t may be lalrl
disposed of, am compelled to advert 10 Il
testimony somewhat In detail II mislai
or misstate the facts beg OF you to CORE
me.
1t appears from the evidence that Il
Peach Growers of Delaware anticipating
large crop, and considering the PERSIAN
nature OF the fruit, and knowing from pa
experience how very important II was
their interest TO have the crop carried
market in due season, and in good condit
ofpreseryation, met at Dover, in conventio
in the month of May, 1864 for mutual CO.
sultation in regard to their interests as pea
growers and especially for the purpose
making, IL possible, some suitable arranl
ment ior the safe and speedy transportati
of the large crop then anticipated, over
line Of the philadelphia, Wilmington a
Baltimore Railroad, so as TO connect W
the Camden aud Amboy Road, and thus
place the fruit in the New York mar
without unnecessary delay. And with
view to the attainment oil an end so des
BILE, the Convention appointed commit
OF intelligent gentlemen, extensively
gagged in growing peaches and in the /
chase and sale OF peaches, with Huthorlt.
proceed TO Philadelphia 10 confer with
FELTON, on the subject, and to ascertain fl
him, whether, and 10 what extent and u
what terms, an arrangement such as
desired, TO transport the rop,could or ct
moi be made with the Philadelphia, '
mington and Baltimore Railroad Compa
and il il could, then to make some suit
arrangement lOr carrying the crop oil
season, or such portion OF IT. as they m
desire to send 10 the New York mai
The interview between the Committee
Mr.. FELTON, took place on the last of Ma
first of June. The views and wishes OF
Convention were fully presented by
Committee, and the conference seem
have been entirely satisfactory TO all pal
Mir. FELTON,, according 10 the eVident
memhers OF the committee, appears TO
manifested an earnest desire TO meet
views, and TO afford them all reasoi
facilities and accommodations for the
and speedy transportation OF the crop
in fact, assured them he would do Il
p his mower TO accommodate the busl
He told them that in case the conn
could make satisfactory arrangement
the Camden and Amboy road, the PM
phia, Wilmington, and Baltimore
would engage to perform lis part IA
oested 10 them the necessity Of their Ii
conference with proper agents oil the
den and Amboy Company, Tor the pu
ot ascertaining whether any and VIII
ragement they would be willing 70 mt
furtherance Of the common opleCt, na
The safe and speedy delivery OF The pc
at Jersey City They therefore songl
obtained an interview with agents
Camden and Amboy Company, ana
their return, they informed MIR. Felto
that Company would engage TO car
peaches, or other fruit, over their Toat
Washington street wharf, Philadelp
New York, (Jersey City) provided I
least ten fully loaded caIswere or she
delivered 10 them daily al Washingt
wharf by half past nine O'Clock in the
ing, MIR. FELTON, then told the comi
IN substance, that IN case the Camdt
Amboy Company would furnish its
uon OF cars, according TO the nun
miles to be run through from the stat
Delaware, to New York, he would unt
TO nut on an extra daily train Of ski
TO run between the stations on the pt
road, and Washington street wharf r
phia to leave the several stations
Delaware road, al certain specihed
and TO arrive at Washington street "
half past nine O'Clock in the evenin
10 connect with the Camden and
train, 10 leave there about that ii
New York. AS Ito the number o
the proportion of cars, TO be iurni
the Companies respectively, MIR.
said that that should be a matter oil
arrangement between the Compan
conclusion he assured the committed
rangement should be carried out.
During these conversations the co
gave Mr.. FELTON, their estimate of
nj Al.sat han EApr