The New York herald., 1869-03-12
SUPREME CouaT-CIRCuIT.
The Nifr0-Clycerinc Explosion Case.
Before IudQe Barnard

The NitrO-CIycerinc Explosion Case.
Before judge Barnard.
Ddflfbrd " Barney ct al Us. otto B,ustenbi7dt7.-
The hearing of this case was resumed yesterday.
The action was brought 10 recover the sum OF
100000 for damages sustained by plaintiff in the
loss OF their building in San Francisco. caused by
the explosion of box containing quantity OF
nitroglycerine which defendants had forwarded
through plaintiffs express, and which, when de-
posted in plaintrs' warehouse, exploded, destroy
ing large amount Of property. The evidence in
the case having closed, and counsel on both sides
having summed up
Judge Barnard proceeded to charge the jury. lie
said the action could only be maintained the
ground that the defendant was negligent in packn
the oil or In not notifying the carrier OF its explo-
sive character Negligence was the want OF that
care which a man OF ordinary care and prudence
would exercise. In applying these principles to
case where negligence IS imputed IN the packing OF
new article Of commerce, the explosive character
oI which was not generally known the question was
not to be determined either by that measure Of pru
dence which scientific man might be led to adopt,
from consideration OF the nature Of the component
parts Of the article, by that prudence which
person wholly unacqualnted with the nature OF the
article might adopt, bur rather by mixture OF the
two. IL was that prudence winch those who
dealt IN the article were accustomed to adopt f
adopted among dealers III this article for packing It,
and that the defendant packed according to that
mode, then he was not liable, although some iew
either from extreme canton or a more intimate
knowledge Of the character OF the article, might
have adopted a safer mode. or course, however,
u the defendant himself possessed this more intl-
mate knowledge and also knew that a safer mode Of
packing had been adopted by another, he woud
have been guilty OF negligence IN not adopting 1t.
II also followed that II there was general mode OF
packing in use and that the defendant had no know-
edge OF the character OF the article superior
"a The community at large. he could only be held
10 the exercise OF thar care which person OF
ordinary prudence would exercise IN pack
inr an artcle not generally known to be Of
an explosive character As TO whether there
neglgence in moi giving notice depends upon the
SAL ~ n OF
the trade to give notice; second, whether the de-
iendant knew the explosive character OF the article
and that In consequence thereof he omitted 10 give
notice OF its character; and third, whether pru-
dent man not possessing such knowledge, supposlng
that the explosive qualities OF the article
generally known. would deem it necessary TO give
such notice. II any one OF these questions were
answered in the affirmative then the verdict must
te for the plantir but II all in the negative 1t must
be for the defendant.
The Jury then retired, but rot having come 10 a
CONCLUSION at half-past three O'Clock the Court di
tected sealed verdict.
The Union Pacific Ruilroad Case.
James Fisk, Jr., rS. the Union Pdclnc Rdaroad
6oplpdny.-This case came up again Yesterday morn
ing before Judge Barnard AS already stated, an
Injunction issued restraining the directors OF the
company from holding an election. From the state
ments made IL appeared that the order was violated
and Messrs. Ames, Bushnell, Dillon. Alley, Crane
Durant and Tracy having been arrested for contempt
Mr. Field, counsel for the plaintiff, stated that the
defendants were ready TO give bail 10 answcr--Ames
ana Dillon In $4,000 eacn ana the others III $4,000
A discussion ensueo relative to certain interroga-
tories, when finally twenty days were allowed, Judge
Barnard iniimating that, should the defendants not
be prepared to answer he would grant an extension
or tlfne
Action Against the Corporation--The COM
pIaint Dismissed.
Xtraot f. Winch rs. The Mayor, Gc-Thc action In
this brought TO recover $500 for damages
sustained by the pIaintir through the alleged negi
gence Of the defendants. 1t appeared that on the
sHih Of October. 1885, the paintif driving a
wagon through Eighteenth street, and wien nearing
Tlind avenue nc was thrown to the ground while
The leg oil one OF the horses was broken by falling
Into hole that was near the curhstone. lie now
claims damages, attributing the accident to the
lessnefs ol the corporation OF the authorities. Eyi-
Gence was adduced to snow that no notice ndd been
given the CORPORATION OF the existence the hole In
question, and the complaint was accordingly dis
missed on that ground.