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

WASHINGTON, Nov. 6, 1878.
No. II. Northwestern Union Packet Company vs.
McCue, Administrative OF Patrick McCue.- Error
to 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
boat was lying at Prairie du CHEN McCue was EN-.
ployed for a short time to assist in carrying and
of freight, and that while so in the employ OF the
company he was killed by accident, and that these
facts abs0lve the company from liability. The evil
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.
they found for the plaintiff below. It is there con-
tended that McCue was in the employ of the COM
pany until he lett the boat, and that this was a
question OF law for the Court 10 instruct the Jury
concerning and that was error to leave 1t to the
jury as question of fact. On the other hand it is
ceased to be an empoye OF the company; but II
not, he still entitled to recover-1rst, because
one emp0ye can recover OF the principal en-
ployer damages for injuries to his person resulting
from the negligence OF another employe; 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, 1t is contended that theCourt properly sub
mitted the question whether the deceased was an
cmploye or not to the jury. q. w. Lakn for plain
tin in error; M. Ii. Carpenter for defendant.
No. 6s Railway Passenger Insurance Company
vs.. Ketcham Administrator-Error to the Circuit
Court for Missouri.-Ths is a suit on a railway
insurance policy issued 18th March, 1867, at Her
man, Mo-, to one Blair intcstate OF the defendant
In error, Tor $4,000, Tor three days. Blair started
Tor home (St Joseph, MOI on a train OF that day,
az 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 could lall from the bridge into the
river without losing his life, and that his body
would be diflcult to find on account OF the drift
wood under the bridge also that he was never
seen afterwards and that there were 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 oc-
and the Jury found both questions in the afirma-
tive. The company introduced no evidence, but,
claiming that the facts did not warrant the con-
cusion OF the jury, appealed, relying upon the ex-
ceptOns taken to the ruling. They do not appear
here and the defendant insists that the writ OF
error was taken for delay and asks the penalty In
such cases-ten per cent damages. Thompson,
Pollard d Judson for defendant; plaintiff not APP
pcaring
No. IT, 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 q similar measure.
The act provided that imp0rtations should be
made after September 80 OF tnat year, except In
vessels OF the United States or In such for
eign vessels as wholly belong to the citi-
zens or subjects OF the country or
winch the goods are the growth, production