Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-02-19
THE COURTS.
cnSuIr CouRr-C Aitr J,etie, q pttsr.-
his court was engaged As follows yester-

cRourr CouRr-ChlSr Jilties q ptisr.-
This court was engaged A. follows yester'
days .....-....g 49, ..l.oo ..r. III.
Gladman vs.. Washington and George
town Railroad Company. THIS 70 an aetion
for DAMAGED OF SIC, 900, for injuries indicted
bv street. car running over tho plaintiffs
little boy. IL ID brought By the father A.
ne1t friend Of his little sons
The argument was continued by Mr..
bradley and Mr.. Coz, for the defendant,
and closed by Mr.. Merrick, for the plaintiff
Judge Carter charged the Jury that
tho duty OF the parties 70 each, other
ia the matter Of caution must be Tested BY
the law. The child was TO be held 20 the
exercise Of chlld's undeveloped judgment
and caution, while the plaintiff was 70 DO
held to the full measure Of an adulta ma
tnred Judgment The corporation was ere.
ated TO move Its vehicles along = crowded
thoroughfare. The prior right Of way along
the thoroughfare belonged 10 men, women
and children, OF all grades OF intelligence,
and the road must DO worked with duo
reference TO this fact. .l.Ia .H
But the company were not bound 70 run
their cars az though they ran in q eommu-
nifty OF blind or deaf people. II was no part
Of their duty 10 furnish eyes or ears to the
! population. Each Individual was bound 70
sIerclse proper caro- In keeping out OF dan
ger along the Highways aud the eompPay
was TO be held TO no greater measure Of 40
counsabllty than tho machinery-the cars
aud horaos--which the law allowed then "a
use; admitted, Of course, the company mus
not be OK pected to stop moving ear within
the time or space In which an iaAiyidual
could himself halt. ~ .
IL uns true, that II the injury vas caused
by the fault of the child ho could recover no
damages, but, 10 this case, the IneAsunc Of
the chlld's fault must he the chlld's capa.
blllty OF caution Otherwise no action could
be maintained for injuries TO 4 child. In
other words That the want OF care on the
part OF the defendant, and care on the part
Of the plaintiff, should be measured by
childhood's capacity on tho ono hand, aud
the capacity OF manhood in treating with
childhood on tho other
The Jury then retired, AZ soon amer 70.
turned with n verdict for the defendant in
$4,000. 70. . ~ I'D
MnttIngly W. LOWS. This Il the action
for rent Of ofilce on which n verdict for the
| plaintiff was given a few days since. Mr..
| Philbrook Alod q motion for . new trial. '
Duntou q LUIS W. Arthu de Wltzleben.
Leave granted plaintiffs to amend their
LsandSr IL. Grail vs.. W. D. Shepherd,
settled. ..
l. ~ CASES ron MONDAY.
The following cases are assigned for trial
on Monday Nos. 8, 2O6, 30, "a, 800, 25I,
2lp, ga, q, 1T6, 977, $50, 81, 70, 2i5, 1893,
lis, 90, us, 2l9, S7S, 10, 1ss, $50 $50 and
ISL. .F 70 .. 1852
The court then adjourned until Monday
NEXT.
SUPREME CouRf Or TUE UNITED BILTBs-
| Friday, February IS, 1s70.-On motion Of
Mr.. Z. Phillips, q. W. @. Rowell, go, vas
admitted 10 practice a. an attorney and
councillor OF thiS court ...
No. 364. Tho United States, appellants, vs.
Asher Ayers, Tho motion 70 dlsmlss this
cause was argued by Mr.. Hughes In support
OF the same, and BY Mr.. Hale, special cOun.
sci, In opposltlOn thereto, ...
No. 50. (originAl.) Rk pdris In
II. Zellner, petitioner and
No. o. Originally En- pdrts John T. Par
goud, petitioner. The motion for Writs oil
mandnmus In these cases was argued by Mr..
Riddle and Mr.. DuTant in support Of the
same, and by Mr.. Hale, special counsel, In
opposition thereto. .
| Adjourned until Monday morning at II
| o'clock.