New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-28

| and think it selfevident that, under ar
ticle 1915 of the Revised Civil Code. the
company is bound to repair it.
| This doctrine is limited in it's application
to cases of this kind to such articles as are
really and palpably ne cessary to reasonable
and ordinary personal cleanliness and
health. 1t was contended that the conductor
| closed and fastened the window, and that
! had the plaintiff permitted it to remain SO,
| the loss might not have occurred. The
| weather was very sultrv. 1t is well
| known the cars are inadeluately ventilated
| at best, and do not think the passengers
should be required to deny themselves the
privilege of breathing fresh and pure air
when the most they can get is insufficient,
at such season. Counsel says the com
pany leases the cars at price, and there
from deduces the conclusion that it is not
| liable. In other words, he maintains that
the company is lessor. Very well. As
such, what is its first and undoubted duty
Article 2692 Il. G. G.: 1.-The lessor is bound
from the very nature Of the contract, and
without any clause to that effect tsectlon
three). to cause the lessee to be in peace.
able possession Of the thing during the
continuance Of the lease Does he
fulfill bis obligation when forbidding
any person any surveillance whatever
over the cars, he sleeps on his watch.
and permits the burglar to despoil
the helpless lessee of his necessary personal
wearing apparel, or perhaps introduces the
thief into his sleeping apartment, accepting
a reward therefor! II can not be law, be.
cause it is not reasonable, that defendant
can be permitted to carry on species OF
mOnnpolizing business wherefrom it derives
possible profits and incur no responsibilities
whatever. 1t seems clear to reasons eye
that if it exercises exclusive privileges it
simultaneously incurs liza bilities and assumes
corresponding obligations. The articles
lost were palpab]y necessary, not extrava-
CANT IN number nor unusual, and were
moderate in value. The pistol must DO
excluded and there must be Judgment fer
ISL, with costs.
Sixth District Court.
DEFENDANTS PNswER.
Thomas 4. Vaughn VS.. Philip II. Sheri-
dan, William p. Kellogg ct al.-Into court
comes William z. Kellogg, made a defend
ant herein, and for answer to the demand
OF the plaintiff denies all and singular
the allegations IN the petition contained.
Specially answering respondent shows
that at the general election held in this
State in the year 1872, respondent was duly
electe Governor of the State: that he was
indicted into Office in conformity to said
election, and he has held and exercised said
office from that to this time. Respondent
further specially answering, says that on
the fourth day OF January last he was at
the Capitol, in this city, i'll the performance
OF his Official functions as Governor; that if
the plaintiff was in any way, directly or
indirectly, interfered with by this respond
emf, which Is, however, denied, such action
upon the part of this respondent was had in
the performance Of his duties as Governor,
acting under article sixty-tiye OF the con-
stltution, which charges the executive with
the paramount duty OF seeing that the laws
are faithfully executed.
Still further specially answering, respond
emit AYERS: klhat On or about the fourth
day OF January last, while in the discharge
OF his functions as Governor, he received