The New York herald., 1873-11-07
UNITED STATES SUPREME COURT.
WASHINGTON, Nov. 6. 1873.

WASHINGTON, Nov. 6, 1873.
No. II. Northwestern Union Packet Company vs.
McCue, Administrative of Patrick McCue.- Error
to the Circuit Court for the Eastern District OF Mis-
souri.-This was an action to recover damages for
the death OF husband through the alleged care
lessness and negligence OF the agents OF the COM
pany employed IN navigating the steamboat War
Eagle, on the Mississippi River, between Dubuque
and st. Paul. The defence was that while the
boat was lying at Prairie du Chen McCue was en-
ployed for a short time to assist in carrying on and
of freight, and that while so In the employ OF the
company he was killed by accident and that these
facts absolve the company from liability The eyi-
dence showed that McCue had ceased to labor, and
had gone on board for his pay that, while leav-
ing the boat, the gang plank was pulled from under
his feet, and he was killed as the result.
The Court left the facts to the jury. and
they found for the plaintiff below. 1t Is there
tended that McCue was in the employ OF the COM
pany until ne lett the boat, and that this was
question Of law for the Court TO instruct the jury
concerning, and that 1t error TO leave 1t to the
jury question Of fact. On the other hand, IL s
claimed that when he ceased to labor McCue
ceased to be an employs OF the company; but II
not he still entitled to recover-frst, because
one employe can recover OF the principal or en-
ployer damages for injuries to his person resulting
from the negligence OF another employee and sec
ond, because McCue was engaged in special SER
vice, and was not employed generally with those
through whose carelessness ne lost his life; and
third, it is contended that theCourt properly SUBJ
mitted the question whether the deceased was an
employe or not TO the jury. q. w. Lakin for plain
TIN In error; M. H. Carpenter for defendant
No. 6s. Railway Passenger Insurance Company
VS.. Ketcham, Administrator-Error to the Circuit
Court for Missouri.-Ths Is a suit q railway
insurance policy issued 18th March, 1867, at Her.
man, Mo-, to one Blalr intestate OF the defendant
In error Tor $4,000, Tor three days. Blair started
for home tst Joseph, MOI train OF that day,
as was shown on the trial. and, upon crossing the
Usage Bridge, stepped upon the platform and was
seen to fall IN consequence OF sudden jerk OF the
car as it reached the bridge. IL was also shown
tnat no man could fall from the bridge into the
river without losing his life, and that his body
would be difllcult to find on account OF the drift
wood under the bridge; also that he was never
seen afterwards and that there were no causes for
suicide, and tnat his hand bag was found at the
western terminus OF the road. On these facts the
Court left 1t to the jury to say whether the fall
CURED, and, IL did, whether 1t was an accident,
and the Jury found both questions in the afllrma-
tive The company introduced no evidence, but,
claiming that the facts did not warrant the con-
ceptions taken to the ruling. They do not appear
here, and the defendant insists that the writ OF
error was taken Tor delay and asks the penalty In
such cases-ten per cent damages. Thompson,
Pollard d Judson for defendant; plantin not ap-
pearing.
No. ~. Murray vs.. United States-Appeal from
the circuit Court for wisconsin.-The bark Mary
Merritt was seized at Milwaukee for an alleged
violation OF the act OF 1917 fostering free trade
with such nations as adopted similar measure.
The act provided that no importations should be
made after September 80 OF tnat year, except In
vessels OF the United states or In euch for
eipn vessels as wholly belong to the citi-
zcns or subjects OF the country OF
which the goods are the growth, production