National Republican., 1874-06-08
PROCEEDINGS COURT.
IDECIsIOSs IN ZfKE -DIsIRxcr-sE-
PRENE CoURf.

4 PREME COURT.
/ -~L-ss1F.s - = 8,
THE BALTIMoRE, ANp. iporoMAcl ROAD
VS.. CONRAD F,AUNCE-oRETr VS. THE
| BALTIMORE AfD 0Hfc-rHE soAP-PAcK-
ING CAsE-MfscELbANEoUs DEeIsIoNs-
POLICE COURT SKETCHES.
n Al the justices sat In this court Saturday and
Neeided the following cases: r. --.r
The Baltimore and Potonsc Railroad Com
/ rGny, va Courad Fhunce. .-ss,-'t -.i-i
Fkls Is sasppssl 10 ) esss.wners yl.sce dam
satng non the change Of gt.ds'on Maryland sse-
pas, which raised the street near the Long bridge
tOt ths level with the second storys OF defsndants
Twas argued on the hes.ins tAs. u was proper
| for the Board Of Public Works, without any no
toe from the board to the company. that the ave
sG.ds da1 tss sans properly; and ths, The caIpsny
S. ss ..s 70 RsSssS sSSas ssS ss
ssssi sss ssns was dome Sy The eonpsn9 &
sSst ia thew tie WORK dons by tho boasd aBs
was for the purpose Of bringing The Street through
M Width . PfSps, height as
held liable for the damage consequent upon the
grading Of the said avenue between the points
necessary that the board Of Public Works should
have notified and required the company 10 grade
Maryland avenue In conformity with the plan
work on the same, that the company thersupon
failed 70 grade Maryland avenue In conformity
With the said plan, and that the Board Of Public
Works In gradiug Maryland avenue did the work
in proper manner and with reasonable care and
diligence 70 protect the property from damage.
The Board Of Public Works, a1er the dempie-
tion Of the grade Of Maryland avenue, IS left by
the company, remodeled end changed the grades
,ofthe streets, and it was asked how could the
Maryland avenue to the other streets unless II
the Board Of Public worksf And Il was said
that without nrst thus notifying the company
there could be no authority on the part Of the
Board Of Public Works to constitute Itself the
agent Of the company, TO dowhat the law required
4 The court. set aside the verdict below and
ordered new trial.
Judge MasArthuf delivered the opinion. Of the
sDa oho i This Sas an acton o
for baggage lost between New York aud Wash
ington. The baggage was delivered in New
more Of = and and Ohio iaiirosd, and the instructions
below on that point were refused. The court held
that the rule now is when there are couascting
that ths company receiving The baggage should
be held responsible for the loss.
7 The court reversed the Judgment below and
!, In the ease Of Campbell VS., American
Popular lAfe Insurance Company, Judge Mao
tanning the demurrer and giving parties leave to
amend the pleas.
In Gallandet VI SYKES Judge Macarthur
on q bill Of exchange drawn in New York, and
defendant plead that he was simply an accommo-
dation aoceptor, and that Il was given for .
bill having been drawn In New York, and the
transaction having takeu place there the law Of
s.s
than tho lswsoFNew YORK allows accepted by the
;arsyss. ins sthel piItric, q Telsmbia where the
re Inception, and can never become valid. The
Judgment below for the defendant was affirmed.
TEE SPEAKER BLAtEE-srEwAAT CASE
Blaine and sergesnt-et-Arms Ordway fol false
imprisonment the defenant plesd the order Of
the House Of Representatives made when the
plAintif refused to answer certain questions Cur
ing the credit mobilier Investigation. To this the
plaintiff demurred that the order Of the House |
vas not su6icieut warrant
the right Of the House 10 order the imprisonment
Of cenfumacious witnesses. O., 81
= THE BATES soAP-PAcxIRa cAsRr |
In the case OF Bater vs. the board OF Health |
Judge Olin delivered the opinion OF the court de-
nyIng the motion TO set aside the writ Of oertioyar
,s sSrs sss sns IN &
board l1 1smpswsrs& temp 70 declsre what nuissnses
sSosaf @ thereof, has not tis bower 10 dscisse
anything or coalition Of things nuisance which
we're not such before the passage Ct their ordt
mon Law o. 10 pursuance Of statute Law.
Judge Wylis, concarrtng, said that this action
Of the board involves the right OF party 10 ENJOY
property, and the proper mode for the complain
ing parties TO reach this case was by indictment i
sna TRIAL By jury. Soap factories were nulsanees
In some places, and not nuisances In other PLACES
such question. He did not beiievS that Uonsress I
iatendad thst this body should pass laws and I'm
pose psnaltiet. - <---k@<-z-
Judge Maclrthur dlsientsd. and said thai II
was Of vital importance that the board-the only
sanitary body in the District should be sustained.
No one can deny what the board dons--theY bad
reduced the mortality rate frou twenty-thfee 70 |
. trihs above fourteen, and the city has been made
not only the most beauttfal but ths most healthy.
Kim6ro vs.. the First National bank. Tbs court l
O sfnrmed the decision below. ss, ~
Smith and ToWlss vs. Woodfuf, Decision BE-
Whits e sL vs. Frsednsn's Savings Bank.
Decree IN fayor Of the bank, and for reference to
sseSom : King rs o'Dpnashps, Deases tos
rCotton j arrett w. Holden, The court Aeids
hat the hah dates from the ming Of the notice,
la4 sdirzs the decision below diemisBing the bill.
Mitchell Va, Seitz- Decree pelos stifmed. I
Hosss vs., Wilson. Judge Wyiie sfhrmed The
ieesion Of the special term ia fsyor Of complain
ant.
Norment, va Fastuaught.S, The court afafmed
'he Judgment below tor the plaintiff.
Falion VI. Chronicle Publishing Company De-
,ree below affirmed. =
Blackstone ct al. Judgment affrmed. i
refusing patent, Affirmed - %
To-