New Orleans Republican., 1873-03-13
a1ent Orleans Republitatl.
sFFicIkl JOURNAL OF THE UNITED STATES
sFFIciaL JOURNAL OF NEW ORLEANS
THE COURTS
United states Circuit Cour..

nickel counterfeitcra, were cOnvIc.e. yCe!rT-
dav in this court.
Superior District Court.
CharIrs r. Howard, president oc the
Louisiana State Lottery Company, has IN
.;.,,,a-I chi, IN tIis coutt .c.irst ;he .g.p.
1 ~ ,,rard ,Iif corc.,ts Fnr+te L,reft If
- pn liz ihra,v of Kentucky "a recover
~ a,,r, ~ sIn O00 1aIn.gas si, f,.red nv an
VIZ Il. sum W i;o saii
i!. ~. - ,;a,,ato III, So. UaT,ravs ro,. -
~, ~. e ;r,;,,nn,;n- ,obi..h 10 ,,rariaG
"Ihy MN: M ~ ID a. rarigh N :,
helena' appears III thIs toIiil I"Io"El -
attorney anu eIainiH Siat ~ r.; "%e - ,fo
IuuEo % 'nI oaAt,' 'i,s -
oIa,o ~ Iy.b,tfn -
~ ~ o1. ~ ,LI-at alpr.
''i' '-'I1 ,,,,I,,'-,t w such. tbut one
,l'i'; "H'' ~ ',r,d ,Le ot,i.e and -
Il. d. E'l1 nnS ir,. Gr,.' t,at tn ,ya. .rmrr,Ird
~" nn',% ,a'I r,,nrcc,I;,,.. Obtain the
" ihH ',,"t' n. ,"Lich l,a h.l hren elected.
- ~, ,,rn,isiups of the act of the Leg
NnurI ''' i.',',,7,.I ~ T,rrarv l., 1874. and
.s'alu'' dP.,"5f P.,,5;n,. were. filed i,rture
'neHV InJi,I,j District Cont. that
tio L,;,',, interested recused himself.
Pl IIor ~ RroLlev waa called IN to
fnar and determine the said proceeding
m. ;I Mi. ,iIerailv proyiug to be
;nJ'r rC tb,. court, illegally Issued n writ
..f ininrctlon apainst the aforesaid Brad
lev. restraining him from proceeding with
the trial of the case. Appearer, therefore.
wndnr tbc nrnvisions of section three OF
the act No 80 approved March =, Io":'
moves tha issuance of an order from this
nnnrt to transfer the said proceeding t. tins
Gonorabl. court. Order granted by JnuSe
Hawkins for the reasons urged.
The ease of James Reid We. Louisiana
State Lottery Company was beng trled
Yesterday. and much interest was mani
tested in the triIl by ii large crowd o! spec
gators.
Second District Court.
Jean Baptste Vigneaud, curator, vs. suc'
cession of Cyprien Dufour.--In this case,
y,laintitf alleging himself to be curator OF
;he children of Charles Daniel Law, absen-
tees. and presumptive heir of said absen'
.ees 81 aims of the children of age of the
late Cyprieu Dufour, ElmOre Pierre DufOur
and George Jean DutOur, and of the minor
children in this estate, SJiO 81 IN principal
and twenty per cent interest per annuln
thereon. since July ,, 1888, which he says
he i. entitled, in his aforesaid capacities. TO
have in his provisional keeping.
Jndge Ti-sOt has allowed plaintiff the
amount claimed, without interest.
p;c,L ni.,ri., Cour,-Decision bv JsJKe
EullOm.
uelfriech Va. llufft and others.-This !. a
s,it to racoycr tho use of the fine saddle
horse loaned bv tho plaintiff during the
latter nart of August, 1871, TO one of the
defendants. The petitioner alleges that
CbiIst Uutft WAS riding the animal along
,ba ctrae.s he Uas strurk by the shaft of "a
.rooon owned hy c. Rogers and that it
,yas caused hv the gross negligence and i'm
,,rnaeuce ot ,he driver of the wagon, The
fors, died a short time after he was struck.
Tn. driver of the wagon was in the employ.
ment flor that purposel of Mr.. Rogers.
There il soIne contradiction in the evidence
as IN the facts. hut enough WAS established
To enable me to apply the general prin-
rinlea of the law.
IL was shown that the rider was 70 stu
a,ed that he could not pxtrcate himself
and was obliged to renain stationary. Two
of the witnesses, who are entirely dsinter-
ested. go stated. The driver and one other
witness stated that there was sufficient
snace for the rider and driver to pass each
other: that the rider chose the left side of
tho street going toward the woods while
the driver claimed the street to the right
coming into the city. As they were going
in opposite directions they were thus
brought in collision, which resulted i'll the
killing of the horse of plaintiff.
| am Satisfied from the evidence that the
street was very narrow Just where the ac-
cident occurred, going to a SAND bank on
the Basin side. and tho collection of a mum
Der of wagons, carts, etc, on the premises
The conduct of the driver showed inditftr-
encc, if not criminal negligence. The shaft
of his wagon could not have penetrated the
eide of the riders horse go az to cause death
within one hour, at the furthest, without
having been driven with speed entirely
incompatible with the surroundings of the
street through which he was passing.
1t appears. moreover, that he had space
he travelled before reaching the rider within
which he might have checked his mule had
he seen proper. He states this himself. and
1T ia corrohnrated nv his witn,s,a
The rider shows that h, couId not have
retreatcd or changed his positior. and this
ia corroborated by one other witness. who
made consistent and iDtclIigibIe statement
of all the facts, having been an eve witness.
Matters and EMPLOYERS ara ansWerable for
+be Gamage occasiGped hv their servants in
the cyerrise of tbe functions in which tbav
are emnlnved when tbev nirht have nre.
vented tho act which causnd the Janis,ga
and have NOT done II Revised Civil Code
ortieIa 13n0 mo term sarvart noe twn
meanings. one 10 that which if has in rom-
mon nss as anpIied IN servants IN fact and
reaIitv Tho nther ia tL,t in which # ia
nead 70 ipdicato a servant nv construction
of law anrb as an emnInva
The amonmt invoIied in this case $50
and costsl 10 snail hnt the ouestion m
volvpd il nf orear imnortance and have
thererore erTaay ayored to riva il a searchinp
oyaminatinn nat nulv to discbaroe a dnty7
hnt tbat the nnhIic may the hetfer rudrr-
stand tho Tatnto of the obl;gation and the
extent Of tho RESPONSIBILITIES of those who
emnIov others in such cases AS the one un-
der rcnsideration
find The tenor of authorities 10 be that
if the owner of a vehicle let it to IA driver
for a definite time. or even a definite iour.
new. who. while so usiny il. is gully of
negligence by which injury results to an
driver is at the time the servant or employee