, 1869-04-20

government IN case. certain acts a1e done Or
taxes the mortgage, leastng the moFtgagor IN
possession, occupancy and use, hts mortgage II
subject to the paramount right Of the government
rates N upon ssfhe thing" Ia The hands Of ansboiy,
the equities they may have
All OF which means that the act OF Congress- IN
such case, forms part Of the mortgage
In Bankruptcy.
Dt4ehar9fd-1sa3c T. Coates, of Chicago.
Petition Di+,nissn,i-No~es Frank Of Monmouth.
sa!le County; william Blaeknan, Brookne1d, Is
I4oefediaGx Stayed Temporary order-C Charles D.
Palmer and Robert G. Clarke, OF Chicago tInTot
Opposition to Dtsmi*+at Of Rroeeefing-Altred Il.
Van Meter, OF knnkakee-
Cnited States DIstrict Court.
HEE SUITS.
Carol Gas.es, assignee Of Mercantile Fire Insur-
ance Company, bankrupt '. William g. Hlbbard
sIsa anA franklin F. Spencer. Asumpslt DAMAGES
same :. Asanel Pierce. Assumpslt- Damages,
same Y. Nathan Elscndrash- assumpsl:- Dam
sans '. Henry F. Eldred. Aasumps,t. Dana-
ssme :. Charles Bradley Assumpslt Dam
Same :. Julius and nermon Baaer: Assumpsts
same ', WIiiam Il. Taylor. Assumpsit Dam-
ages, n.too.
Circuit Court.
The April term Of this court commenced yestet-
day, with 5Sa cases noted upon the THAI calendar
pEINQCEST JURoES-
Brigham, {. Foilansbee and Il. il. Wllmants, de-
lsn4uent Jurors. ,n..,-,
At the conclusion Of =, trial, consuming four
weeks u this eourt, re 1nIy empaneae1 'n The
mont / Co, have failed to agree. Better shAn =
mtstrial Was perhaps scarcely TO BE- expected
VS. eed aa Se
ton q test%en and set ns ,.,,l issl
cured to the defendants counsel This Was
| IN action based upon an alleged unwa1ranted
| breach Of 2 covenant to furnish logs, BY defend
them. them ~ Defendant sought to allow jnstt1cauon
for the breach The damages were laid at 4 quar-
ter Of million q dolias The atages Of the case.
been published In The TR1Busk - the case pro-
charge, stood seven for thedeieudaats aud dye for
COOPERATIVE OBSERVATION-DISCLOSURES pAxAoEs-
age W upon the chtcaso i Alton HALLWAY, from
| bloomington to this city. AZ the Hain came into
Chicago, The eoat.slssse Of the r.gat arm u this
probably freight car, the sleeve was torn, and tho
arm was twisted and broken He sued the COM
ma nnd Tor 1eeonpsase. II. would seem snat ths
young man must have hal his arm extended on
IL We tae
The corporation endcavofed to establish this as an
at of nes1iSense On his Pash defeating zeSoyeEy
nues,,o;, of cnmnartsnn nf neeitcrnce an as. ~.
sessctl the p1aintins damages at zs,Wo. The case
ton fot new trial ThLs motion, he Court de-
ci1ct, as follows:
nj. hal eSs9 G91S e n s r9 sns
| where the negligence contributes to tho injury
there can be no recovery no recovery coold havo
under the decisions that negligence On The part Of
the plaintiff prevented a recovery, and u
hare nssssnes aSyRsd Should ne q saee
Submitted Gig g. % nc III under tas oa;lae.
ion, Tae supreme @ Court however. DO ALLOW thes<,
tic = qusssa Il aimoss M ese1y nstsncs tess &
,ss q Tssa Tsss !. has ssse ,sss ssss
. teainsteF attempted 70 cross r.ll-
ass witn T1Ss1 which ,,ons. VI.
Tas clear nc case e. of nceeeaee @ on the part Of she
plaintiff, but, nasnuch ~ the party ras Injured.
eo@ns q
rate, 20 fast that thought It MIR 70 present the
question Of neeRence-1 submitted the question
some doubt q. tho time, II the Supreme
Court would sanction my rule The case
ae '1s eee il vea
| iefY this nres,tnn ts the inv am moi ent5re11
satisfied In this case, and was not entirely satis-
aesoas MI snan Z III sos vs.
Fn9 th,nF that. nn3er the iustructions- tle iufy
hav,nV fonni {ertict. Il ID p1ppsr for me- to Ier
thi4 nfses;ion 70 10 The Supreme Court
III" NV - h9we1e1 one nnint as,nnt which T
have no doubt aud that ID tha1 the verdict In this
case ls excessive. 1t Is getting to be tue that
an1 Fnit nn n1at;er what Il NAV be. With success.
Il d also tue thaS Il vertct noes against raii-
,eaa WsteS a1s ofn hstan ps sny W. 1eaao IL
TSerr ~ Wss tSs cssa of = Young msu
WIN took MASSAGE On the defenIant:s cars
t1 70 on, ~ ~ c W s,s3 hia NJ am in, ~ tn woW
- ~. ~ ~ NJ ~ am. W.1 4 va nn,leti mt md
hrntr1' Ycannot a. te,, h9x IL Tnsr dime. thlnf
hsfs aGms doubt n a t1e psgn' On inc
i.nra nv .aettar n % ~ .ha ~ s,H 1n.T nsye
| fonnd thrreH wsa reat ne0it91aenre m tha
! pa1t Of the defendant Bat, supposing TINT
"a thsra 7ouT"as IN Fer,iicf of th,a sin,i
| 4 rnnnu man hrrass HIS arm That arm hea1s ut1
and IL inst n rnoi ~ it ever wss. with arr ex-
t1at + st aae a snG y ea1ad Sst
Wess Th,t n s.t n'fTnateiT rernrrr nnis hetsoIe
a, snnnd a. Il ryer vaa fhere can BE- uttie doubt
IN, ra T. = ron1o ~ man u Whn rrcetves M anch rt
". " ~ 's estses 1 y. on1d ,uap5g n
n Egine taooo 70 hin foT the sreaEinS Of lis an
s1e a1 Ws w re rraypq as done
mi wh1' anon the saf.ae principle. Won must say
| tfa,t hes 'nnuht II rrcorer dfteen Or tTcnty OF
tTentT -f1rn fhnuSaud .iars. or unfold arnointa.
~ Tne snpreme coorf has repeatedly of Late, set
a.ida TeF,trts for eJressiTe ,fama9ps. TheV
nave done 30 In some tnstances There
Tew Hg1eo frrent sy Law instance Tnere1 thinr'
| II had been ,InII0e 0f the sunrnme CnuTt