The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-01
NEW YORK HERALD THURSDAY, FEBRUARY lS2TRPLE SHEET
UNITED STATES SUPREME CURT.

A Suit to Recover Damages for the L0ss
OF Wife Killed ON q RaiIrosd-Ten
Thousand Dollars Damages Awarded for
Wound In tho Foot Of Passenger
ON a Boston Steamer-Appeal Against
the Decision.
WASHINGTON, D. c., Jan. 81, 1872.
No. 20. Chicago and Northwestern Railroad
Company vs.. Wilton, ADMINISTRATOR to
the Circuit Court for the District Of Wisconsin,
This was an action Of whitton as administrator OF
his deceased wiie's estate to recover damages for
causing her death. The Jury gave ver-
dict OF $1,000 damages for the plaintirY,
rulings OF the Court on the subject Of
negligence on the part OF the party injured IN such
measure OF damages. It was charged that the only
loss to he considered must be pecuniary-not loss
arising from grief wounded feelings or sutierings
oil any knd-but such pecuniary loss was sus-
tanned by the plaintiff by reason OF the death OF his
wile. and that IN computing TINS the Jury should
consider the personal qualities. the ability to be
useful, OF the party VINO has met with death,
and OF her capacity to earn money. The company
refusal Of the Court to instruct that recovery could
he only for the loss or the OF his wife by the
plaintiff, and that after deductng the cost oil her
malntenance; and IL the cost o. maintenance would
be equal 10 or more than the value oil her services,
then only nominal damages could be recovered.
The plaintir subsequently marrying again, 1t Is
also alleged that there was error In the refusal OF
the Court 10 charge that the value OF the services or
tue deceased cOulu DC estimated Only from tHe
death OF MS vile to the date OF his second marriage.
VIM Ruger and I. r. Howe for plalntih In error;
j. A. Sleeper for defendant In error.
No. 90. Norwich and New York Transportation
Company w. Flint-Error to the Circuit Court for
Connecticut.-Flint recovered Judgment OF SO, 900
against the company for injuries received on the
steamer City Of Boston, while making the voyage
from Boston to New YORK. The injury was occa-
stoned by the accidental discharge OF the musket
OF q soldier on board, the bail passing through
the plalntifrs foot 1t was alleged that the SOL
diers were engaged In bosterOus conduct, and that
the gun was discharged by being thrown violently
on the deck by the soldier The defence was that
the government had demanded transportation for
troops that night Dune 1861, and that the troops
were oflicered properly and under the charge OF
those officers. The Court held that the carriers
were responsible for the safety OF their passengers
and for the conduct OF the soldiers on board, and
the Judgment was for plaintiff 1t IL here insisted
that there was error In the admission OF evidence on
the trial. and that the Court In It's conclusions.
j. Halsy for plaintiff In error and X. II. Dana, Jr,
for defendants
No. "a. Mason vs. Commissioner OF Internal Rev.
enue and Three Other Cases-Appeal from the Cir
cult Court for the Northern District OF Illinois,
These were actions brought to recover damages 10
Establishments belonging TO them. The bills were dis
missed below for want Of Jurisdiction, anu this
court aairms the DEGREES.