New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-25
TIE COURTS.
sixth District Court.

In passing upon case yesterday morn
ing, in which plaintiff sued for wages, and
defendant reconvened for the price Of GER
tain goods, Judge Cooley remarked "The
evidence and everything else connected
with this case is of SO conflicting a charac-
ter, that / find it impossible to make either
head or tail to it, and as the shortest way
to dispose Of It, / will nOnsuit both parties.
Beenel, administrator, VS.. Mobile and
Texas misunderstanding sued for dam
ages caused by the building Of the railroad
embankment through the Marmillin planJa-
ton, in st. John the Baptist. The alleged
damage was caused by digging the earth
to build from the land beyond the limit of
the right Of way, and taking it at irregular
depths, cutting levee etc, and preventing
the drainage of the plantation, and inun
dating the plantation. Damage was also
claimed for the setting fire to the drainage
machine building, and destruction Of the
machinery. Under the contract of the com
pany with the owner of the plantation, the
court held the company responsible, and
gave Judgment for $1,000 for damage to the
fand, and $4,000 for the destruction of the
drainage machinery.
The amount claimed by plaintiff as
$4,000.
Laurent Julian vs. captain and owners of
steamboat Wade HamptOn.-This was an
action for So, 600 brought by plaintiff, who
alleged that on the twenty of April,
1871, he being passenger on board the
steamer Wade Hampton, was going ashore
at Cooks Landing, and while on the stage
plank was run down by hOgshead Of sugar
being rolled ashore by the hands of said
boat, who carelessly allowed it to escape
from them, in consequence whereof plain
tiff was struck by il. knocked overheard,
and otherwise 90 injured that he was not
only rendered unfit 10 attend to his bust
ness for long time but compelled to close
his store at Cooks Landing, entaiing Sc
we're loss and damage, which he prayed to
recover as aforesaid.
The court, in passing upon the case,
dwelt at length upon the evidence pre-
sented, and determined therefrOm that the
plaintiff, being still on the stage-plank
when the accident happened, was therefore
still a passenger, for whose safety the boat
was liable. Remarking somewhat severely
on the bad practice Of steamboats, in rush
ing out freight without any regard for the
well being Of persons going ashore, the
court thought that they ought to be taught
that the lives of passengers were of some
consequence, and accordingly gave judg-
ment for plaintiff in the sum Of $3.50 actual
and consequential damages.
StOekelbeck vs.. Observation-Disclosures pur-
chased from the defendant a certain piece
of land at an agreed price, and the assump-
agreed that if by the first of January sue
eeeding he had not refunded to the plain
tiff the sums paid by him in accordance
with this contract, and interest thereon,
that the property should belong absolutely
TO the plaintiff.
The court considers this in the light of a
sale. The only question is whether the
person who bad a right to redeem had been
put in default. Under the terms of the act
of sale the court did not consider there was
any default necessary. There should be
Judgment for plaintiff.
John Chapus, on Saturday, fled in the
Eighth District CourT an application for a
mandamus to compel the State Treasurer
to pay warrant for $3.50, signed by the
State Auditor. and held by the relator.
In the Sixth District Court the same
plaintiff has filed a suit against the State
Treasurer and the securities on his bond, to
recover $500, alleging that he has suffered
that much through the action of the Treas
urer in the business
He states that on the nineteenth of June.
1871, he presented to the State Treasurer
his warrant for $3.50, directly after the tax
collector of Webster parish had deposited
IN the State Treasury $4,000, but that he
was refused payment of his warrant, and
that directly thereafter one IsdOre New
man presented certain warrants and OBJ
tanned payment thereon. Plaintiff claims
that there was undue and unwarrantable
preference given to said Newman, to his
damage, and therefore he claims as above
set forth.
Seventh District Court.
Leopold II. Levy, Of New Orleans, liqui-
dating partner of the late firm Of L. H. Levy
a. Co., composed of Leopold H. Levy, Will
liam s Calhoun and Mary NJ. Ada Calhoun,
has entered suit in this court against the
Andes Insurance Company, domlciled and
established in Ohio, but represented in New
Orleans by Douglass West, their agent
Levi AYERS that said company is indebted
to William s. and Mary NJ. Ada Calhoun in
the sum Of $ll $50, with interest, for GER
tain steam power, gin-hOuses, gins, ma
chinery, cotton presses, and eighteen bales
Of cotton, destroyed by fire on the Smith
Held and Meredith plantations.