New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-03
THE COURTS.
Sixth District Court-An Attorney Sues
the jackson Railroad for Ten Thou
.,uH nnIIars.


law. has entered suit in the Sixth District
Court to recover from the above named
corporation the sum of Sl0,l50 for services
as attorney and counsellor at law, rendered
at the special interest and request of de-
PENDANTS.
The petitioner alleges that in the spring
of 1870 there was issued from the Eighth
District Court against said defendant in the
name of the State ex rel FL. S. McComb,
two writs of mandamus, two injunctions
and one writ of quo warranto, in all of
which suits he alleges he was specially en-
ployed to defeat at stipulated fee of
$4,000, payable in second mortgage eight
per cent bonds of said company, to be paid in
advance. That of this sum five bonds of
$1,000 each were delivered and the balance
remained unpaid nevertheless, petitioner
defended all of said suits successfully, ex-
cept quo warranto suits, and in that suit he
has prosecuted writ of error to the SUI
preIne Court of the United States, where
the same is now pending and undeter-
mined, but said defendants have refused to
give the necessary security to prosecute the
same, and so petitioner says his under
takings in this respect are fully concluded,
and the liability of the defendants to pay
the balance of the said sum of $4,000 is
complete, and there remains due to petit
toner on this retainer the sum of $4,000,
with legal interest from the date of said
contract until paid.
That said contract is on file in the Office
of defendants, who refuse to furnish pc
titioner with copy of the same, or with
the original, and therefore he can not file
the same with his petition, and said de
PENDANTS are notified to produce the same
or oral evidence will be given of the same
on the trial of this cause.
That also at the special instance of de-
PENDANTS he instituted suit in the Sixth
District Court against III. S. McComb and
others for damages in the sum of 81 Zoo, 600
and that although the said suit was discon-
tinued, it was done without the knowledge
or consent of petitioner, and the defendants
are liable to him as though the suit had
been prosecuted to Judgment, at the or
binary compensation allowed attorneys,
viz a commission of 2l4 per cent upon the
amount sued for, making $500.
That he also instituted in the same court
another suit against III. S. McComh and r.
Pritchard on the bond to said company for
$25,000 which suit was also dismissed by
defendants without his knowledge or con-
senA and he is entitled in this suit to a com
mission of five per cent, viz: Sll50. That
he was also retained by defendants to de-
fend them in the District Court of the
United States on charge of bankruptcy,
which he did successfully, and for this he
is entitled to $1,000 for services in the case
That in May, 1870, he was retained by de-
PENDANTS to prosecute criminally HI. S. Nc
Comb and others, for an alleged trespass,
with force and arms, ON the premises of said
defendants, at the office No. 11S Camp
street, and that they were arrested at his
instance, held to bail, and tried according
TO law for the alleged trespass, petitioner
appearing as counsel for said company, and
he is entitled to $500 for this service.
That defendants refuse to pay these sums; |
and he prays, therefore that they be cited, |
and be compelled to pay him the sum of |
$l0,150.
Heavy Damage Suit.
Charles ID. Rutherford has entered suit in |
the Sixth District Court against the Jack
son Railroad Company. claiming damages
in the sum of fifty thousand dollars. He |
alleges that on the ninth of November
1870, or about that time, be was in the en-
ploy OF the said company as baggage
master, and as such was entrusted with the |
care of the baggage of the train, and no
other duty whatever. That on the morning
ofthe ninth of November, 1870, by reason of
the negligence of said defendants and their
agents, the bad condition of their road and
the imperfect condition of the rails, cars
and mach merry, the boxes of the cars broke,
,he rails of the road parted from the track,
he engine and tender went off the road
md broke loose from the train, the express
ar went off next, and the petitioner seeing
hat the baggage car on which he was was
,olng also, made an effort to escape by
nmplng from the baggage car, which he
lid, and thereby broke his leg, causing
,reat pain and suffering for long time,
nd necessitating the amputation of his leg
bOye the knee.
In consequence of the loss of his leg for
lfe by reason of the negligence stated. he |
laims the sum of $4,000 damages.
Eighth District Court = The Slaughter
house Troubles.
In the Eighth District Court this morning
anne up the rule for contempt taken against
he president of the Slaughterhouse Com
any and Jonas Pickles by Mehle & Co. be-
ause of their refusal to obey an Injunction
'sued by the court in the matter of OBJ s
tructlng the ferry privileges granted to said {
ompany.
The counsel for Mr.. Cavaroc stated that '
0 far as he was concerned he was ready to 8
urge himself of contempt. and did so in a g
Trltten statement, which was duly sworn to q
nd filed.
Mr.. Newberger sworn to traverse the an l
wharf in question is fronting the c
aughterhouse; it was built by the com 1
any long before the Bowman ferryboat be- s
an running; the wharf, to his notion is a
bsolutely necessary for carrying on the L
aughtering; while the Bowman remains |
here she is, the business is interfered with a
,riously; has never seen Mr.. Cavaroc or any t
the directors over there; Mr.. Pickles is r
believe, the superintendent of the ferry; a
has always been an active operator in +
aughterhouse matters; told Mr.. Pickles he v
layed them sort of nasty trick in p
laclng the Bowman at the wharf and not t
inning her, he said'he had the privilege to a
Y her there whether he ran her or not.
Jonas Pickles sworn-Own $1,000 interest e.
the ferry company, and am the manager: fl
baVa To c1
10 slaughterhouse, but hold no Office in the | III
read the injunction in the papers: b
,ver spoke to Mr. Cavaroc or the directors e.
,out the injunction; never told Mr. Cav
oc that the boat was laid up: he did not | Il
low that the boat was laid up until told | G
N, after he got the notice from court; we al
i've made no effort to remove the ferry g
'at, nor has Mr.. Cavaroc; do not think a ST
rryboat can land there as long as our boat NJ
mains; did not know that my placing the
'at there was going to interfere with the al
we have a special privil- tt
g to run this boat, and to the wharf; pt
e reason we stopped running was that, fir
ice the compromise in the slaughterhouse
after, some OF the butchers have come
ross the river, and it won't pay to run
G boat; 1t costs seventy five dollars per l.
y TO run her, and the receipts when we
'pped were only thirty-two dollars; we
ed to take In some one hundred and forty
liars per day from the slaughterhouse
siness; there is no connection between the A
company and the Crescent
try Company; they are controlled by diff
'ent boards. -
The Judge commended in his argument
at the parties, by their own admission.
re in contempt of the court, and spoke IL
ainst the attempt of the Slaughterhouse
mpany to assert the rights and privileges
NkrTxrg to-