, 1869-06-18
THE COURTS Of Law Asp EQUITY.

. iA'nh1A3f hE[ANoT'
1,arn Ia TG.r.sus Lumstead-A pl<ol Jtr,N C.ok:
Crlllon " HRKEsR, chicI Justice June H. 1861
~ W. an ectaan o. t5esnass oT tae casG rEnusnt
AEtluBt the Pittsburgh, FoIt WAyne 4 Chicago
Ks1'xay Compan!, to recover dsn,age- for a. m
management OF the locomotive and train Of the
t!v!rLdants-
Th' injury occurred at station on the dcfrnd-
ant road, In the state Of ini!Ana called Cassello-
The cause was tried by Jury. who rrturned
Stsllst against the deirnslaa;s Of four thousand
Ere hundred dollars. \ motion for new trial
~Es made by the Defendants, which was ureI-
TEled en- The plaintiff rcmtItnS, at the instance q!
The Court, three thousand hoars Of the verdict,
heIeayot. Judgment was entered against The de-
icncan's for tic sun Of fifteen hundred dorarR-
To reverse this Judgment the defendants hare
appeAed 70 THIS Court and several lolna at
1t appears tho injured rars5 was chl1A about
.ca-s OF aSe, living with Its parents, In close
-cHlu1i:. fo the delen !aut's railway tsack. On
who la'l occasion to visit EeiEhhor n charge Of
lls s,Ete:, rfi IL years OF age and while she was
ugs+tei IL some necessary unsJ u the house, thu
Icy, withoIt tef know le',se. !e!t the house, nai
soon SITTER wab forud to Ill appearances dead,
Tear The track. ald vas taken up and brought to
.:s to:ce, cne of nts feet crushed, and other"tee
Wounded. 1t appears private cart road
Erussed The uacE near the dwelling
y the toyS parents, which Tas IAed.
.ecas,on 70 nse ii. II 1as on this road the aod-
.isfls oecutTe.l md VAS occas!oned hy an express
1sa.E rEuQ1nc With great velocity into q push car
sh adeac1e IL II, EotIsx In TIE f1Ce direction a.
'ac tra'a: and F.cE Vas the tu.rc Of the collision
thst Tie push car n n shattered TO pieces lsA9-
iueut 81 ~akL slrLc4 TIC boy. who wAa on thts
i;:Sa:e t.ac and some considerable distance from
tte place uf tolctoa.
The EE1s Ssht male cy appellant r. that the
r.!id was trrsqas %'r ca appellant r,Cnt OF wac
.Iti bis {AlenLs III suuer.ng hlc 10 be there wefe
=;c.l;y ri such de5;ree cI Legitnce as TO !ufuis
= complete defence to The company tot IN lnt,-Y
Nf:eh Roald not have occr-rel bur for this wroas-
=! sctIrs!u:l. us!sse tae ct:cyaa5 Aaa,s nc SHOWN
III tR Eusst. If negligence 50 Eross as to Inaply
;.iln4.uess to inIci the injury.
.-TEr place where the ccc:L-ct eccaVct wns IN
q on APPELLANTS right of Eak, though not upop
lit tAck- The boy waa a:1uck While % u rrAA
led bF tic pus'1c, which crossed the tract, ara
where be, To COMMON with the rest ot t.c public,
t.l s:s., 10 ne until &c Company stou,l io!a.i
=; :zcsl2t 20 nnch OF is right Of way from use
j, ;se pubic.
Thc next point ra1ie BY appellant ts that the
1a1cn:s nf th!B child were SuI1y Of g,tst neT
sc-Gec in leaving hiu wt:a Its 3oacG sstef- VIZ
r;.:4Os Perceive 2Gntit!E9 Il duty q the raosl
tfu,c.!nEs ut.!g gl1lon resting upon parents 10 ntt
s's,!ancc in the casc .: laeir o1spstpg OF ;endel
years, thA1 the r2fentA OF this eetld wcrr a1flaf
m tnis requirement 4 mother cannot he a!Wsys
Al all hours, Will her eaiid nnr i there any neces
tty she ehopld t1 nor !. It practicable She rn1s
I-'HcIm hes accustomed aFocauoas, and In Ont
j, otoent cklld four yeacs OF age raay escape
1s's d:o.2 ne: notise: II eanno: b. otherwise