, 1873-06-20
Town Of Lake View '. R0sohill
Cemetery --- Particulars Of
tho Cause,
The Liability Of Ship-0wnera for
Damages Sustained by the
Negligence Of IN Employe'
Fhe Estate Of Kale & c0hn.--Another
Aeaty Slough Suit for $4,000
Damages.


Notes in DanEruptcv...Tho Criminal
md n,r,+u ro4,r+.- M, NJ
~'o"o
C0naensed.
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n,it I,orrt cr5,raJ H., H. s.,,ss. cs...i \.
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+ha Irra tsu.., ,oeo M. s"N9o "9 -a"a
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ri. III, o,o;a T.. 49, 49, - e T. assst H..
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tta 'nro.ort ,ro,os,,ra ,,.aer 49, n,1t1l,,, raa
a7.oo,,t ~, 49, r,aat s,a ~. ,,,rtn
ncroa rron lin north .rh;c voro rurnh,.ed ,,v
II T., +,,a ,oor lam ~ l,,,o a,o iaa,, ,,oo3 49,
n n1acn -; b;r,o1 mr. a,,rronn5ed hv onv fonco.
r,ho In, o,ao 1rovod ror a to,nnorarv iniunct,on
.z,,;a,, a,'e ~ s.sars ~ Js.asasn.
"hlch WAS gfantoa, TO pfovens tho ao1ehdaht
Hccted q portion Of tho aixty-pix acrss- north of
eni1 ,dtoin,ns tho dofnnda,ta onc1oanra nv
80. 49, t,,e Ts1,,s,st,,.a - 49, nn.,. rr...1:
.oen ~, ~, - ~ ~ AJTn ~, wv"
iao9' Tue ordinances OF tho Io"n or Lako VIC"
ofcemoterleH, WAS ratified, and thus raised to tho
dpp;tv NJ 1awa, trha ranrt In 5oc;1;no tho
;as,o oon,;oroa .,o ,,,.. a,st,a., % s1n sa4., tno
s .oDs.as.a sno ouy qusss,on aos ne'slo"
lice power, could tako from tho defendant tho
novora it ind r,rnnted hv TIM act n ;ncornoru.
liz, e,,c,, ro1co novor 1ho ronrt. t,on1ht
so,.,a 1u. pUn.p pa"o r H., .no os.+ . 'ns.s a,
coulo onlJ 10 eAefteo lof the coin1oft anu "oll-
bepg Of tho governed. It ia to bo invoked by
eyery member Of tho community, but only as a
ahta1a. II ia In In cmn1ovotf hv the gtato In ia.
5onso - rir,,,s h't narer ~, thn ncrnotrat,o,,
OF injustice. Tho power is limited in itB e1or-
cise to regulations for tho eafetY and welfare OF
aociotv. md anv extension bcyond this WEB not
nuthoriAed. Tbe defondnnt,a obartor authorizod
II to ,n1n;ro ,,n ~ ~ o~,ent NH not W. Eo
acres. Tor burial purposes, aud tho Court hold
that the public would bo benefited by such
m undertaking, which was d nocossity arising
out of fho civilization and culture a. tho oao.
ous =. .no s.,"s,on anu ou'u1o OF 1ne aso'
sud that, until lilo dotendant in somo way tnter-
fered with tho comfort Or welfare Of society, tho
State could not employ it's police power. Taking
this view, His Honor dissolved tho injunction,
comrlninnnt'a costs. ~ ''' ~
Tho final result iB looked for with interest.
LIABILITY OF sll1p-owSEns.
In the suit, Malone ': tho Northwestern Trans
portation Company and tho Now York Central
Railroad Company, tho question aroso whether
one employe Of 3 corporation haa ronedy
against the corporation for injuries caused by
the negligence OF auothor employe.
s afS Una ] w 6ysa yssoG5Ss Ga q Ssa dsa5gs Rd Il
Go gavo brief history of The faots as presented
by tho pleadlnga. Tho defendants wero owners
Of vessel engaged in carrying freight. Tho
tho defendants or their agents In unloading
hos cargo, whom he foil through IN opon hatcli-
way and received injurios, for which he now
sought damages. Tic Court read authorities
whore tho Scsael wa. defective in hor constrac-
tion and injuries resulted from such defects or
whe1o thoy employed incompetent officers, to
whose negloct Of duty tho accident might bo nt-
tribnted. There wns no charge IN this case that
tlo vosscl was defective in her construction, or
that tho owners had not employed efficient and
competent officers. It wan not charged that the
hatehwey was improperly CONSTRUCTED. Tho
plaintiff vas !, employed on tho implied
understanding that no Was q capable man
to perform tho labor Of unloading vesBcl it
was therefore reasonable to suppose that he
hnew what hatchway waH, and whore it was,
that It was open part Of tho time when the vessel
tut rhon It T vas ST. not eosea pfoper tsos an It
was at his own risk and poril that lo passed it.
Ills negligence in not knowing that tie hatch
way was open at particular time was at least as
Ely sEsa se s tho safe as Ts fa I'd %R59 y
the Captain or tho Mate personally 10 oloao tho
hntchway! Tho presumption waa tiat tho hatch
w'ay would ba opon while tho vessel was unload
nag.., ing, and tue be- plaintiff as man On
E"6o" ~ oo"Aot hAo 1App0eou W hHu"
i, and to govern himself accordingly.
IN the sight Of tho lazy in this State tho duty Of
tho stnp-owner ID performed when he has pro-
vided good and suitable vessel, commanded
aud worked BY capable officers. Probably throe-
fourths Of tho accidents that occurred on ship
board were tho result of aomo one on board fail
Ing to do the right thing ut the critical moment
We're the owners to bo held liable for ali such
accidents ariBing from ca,Bos they could noithor
foresoo, prevent, nor control ? They could not,
in tho opinion Of the Court be mado responsible
not reasonable, nor was it contemplated by the
laws OF this State. Tho demurrer must be- suH-
tanned.
Mr. Cummings, for tho plaintiff, representing
upon some imperfeotions in tho plcndngs, asked
leave to amend, which was granted.