National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-23
THE COURTS.
Supreme Court of the United States.

Supreme Court Of the United States.
THURSDAY, January q, 1875.
No. l4s. The National Bank Of Commerce Of
Boston, Massachusetts,, plaintiff in error, vs.. The
Merchants National Bank Of Memphis, Tennes.
see. The argument OF this cause was continued
by Mr. W. G. Russell, Of counsel for the defendent
in error, and concluded by Mr.. Henry W. Paine,
No. ia, (assigned.) John Phelps Putnam az Al.
appellants, vs.. Ezekiel X. Day. The argument
Of this cause was commenced by Mr.. s. Burke, OF
counsel for the appellants, and continued by Mr..
M. q. Kerr, for the appellee.
Adjourned until Monday at II o'clock.
General Term-supreme Court.
All the justices sat in 6GHc yesterday, and were
to practice at the bar OF this court
Pugh vs.. Davis. The argument in this case
was continued, but not concluded.
P1ekreH vs.. Zell ct al. Ordered to be placed
upon the calendar.
ARAIRoAD CASE.
HetSel VS.. The Baltimore and Ohio Railroad
Company.
This suit was brought April n, 1873, to recover
damages laid at $4,000 done since January, 1870,
to the plaintiffs lot No. l. square $780, in this city,
at the northwest corner Of ID street north and
The damage is alleged to have occurred BY
reason OF the detendant's unlawful use and OBJ
strpeton Of street, between North Capitol street
cars have been constantly standing for loading
and unloading and also by their maintaining
tracks along the North Capitol street front Of the
grade Of that street. The defendant pleaded
not guilty, and after the rejoinder of issue the
case was by an order dated May IL, 1874, referred
to General Mussey for award. He was directed
ITO state all questions Of law made before me-
and the grounds Of my award so that the same
any such question Of law"
In accordance with this reference he reported
the following findings Of facts:
f6 fhn ~ La
square $50, this city, and has been its sole owner
stnce January, 1872, period until the filing OF
the declaration Of one year and four months
2 This lot is situated at the northwest corner
OF ID street north and North Capitol street, hav-
lOj1 inches on North Capitol street, and contains
about 81 33l square feet.
3. The lot & several fee. below the present
below the proposed grade; and until the TIber
was arched over by the Board Of Public Works
was liable to frequent overflow from back water,
&c DIS aT ar was not completed until about
4. Some I'VE tracks Of the defendant pass the
North Capitol side OF this lot on their way to the
depot in square $50, and there Is q track OF de-
PENDANT diverging from North Capitol street
around the southeast corner OF the lot into
street, and to within f0rty.four feet OF New Jer.
sey avenue. This ID street track Is within from
eight TO twenty feet OF the d street building line
OF the lot, and was first LAID in 1851. This street
track is not used as a means Of transit, but Ss
siding for the loading and unloading OF freight
cars. So that the portion Of d street over which
II Is laid is practically made freight yard. Al
most every hour OF the day this track Is occu-
pied by stationary cars. The track and its occu.
patton constitute a barrier against access to the
pIaintIh's lot from D street, almost as effectuaI
as If wall, the height and width OF freight cars
were erected In front Of 1t at a distance Of eight
TO twenty fret from its front line.
g. The value Of the lot is at present about sixty
seven cents a foot. 1t sold for that at auction
not long since. Its value Is ssnsibly lessened by
It's surroundings" and various attempts to sell
II nave been unsuccessful, owing to those sur.
T9undingsr No use Of II can be made by the owner
at present, bRt as coal yard, or wood yard, or
for the erection OF warehouses. The testimony Is
not SO full upon the question, what would be its
track were away, and the North Capitol street
tracks and the depot remained?"-but from the
best data before me estimate 1t at 81 foot, and
his damages were reported as SS43.s6.
The referee reported on questions Of law that
the North Capitol street track was lawful and
me street track unlawful and theTeupOn the
u street, and Mr.. HetZel excepted to his decision
as to North Capitol street. On these executions
the case is argued. Mr.. Hackett presented the
case for his size in luminous argument and Mr.
Cox replied ably for the railroad company. Fur
ther argument will be heard before the case is de-
cided.
The plaintiff is represented by Messrs. Henry
R. Selder, Of New York: VIM. F. Chandler and
7. W. Haekett and the defendants by Messrs. J.
a. buchanan and w. ). Cox.
Adjourned.
Police Court-Judge Smell.
In this court John Gavin was charged with
driving q wagon without a license, rned So.
Samuel johnson, carrying concealed weapons,
so. Adam Runner and Samuel johnson, pro-
family, So each. John Huntington, distur bling
the peace Of Georgetown, s.. Samuel Lee and
John Noonan, loud and bolsterous, So each.
Newhouse * Freeman, charged with keeping a
drinking house without license, fined Sl05; ap-
pealed. Warner Miles and Richard Smith, steal
ing three bags Of -four, valued at sl.5O, and two
bags OF meal, worth fifty cents, from Mr.. Flicker
Miles was discharged and Smith fined $50, and
in default thirty days in Jail. Eliza. Jennings,
stealing coal and cOal.hod, IS, or in default ten
days in Jail Robert Williams, vagrant, sent to
Reform school Judge remarked, not because he
appeared to be bad boy, but because he had no
home or friends or employment. George Jones,
stealth a box of cigars from National hotel
cigar stand, SO, and IN default sixty days. Jas.
Simms, alias VIM. Green, stealing coat from
Justh's fined So and in default sixty days. Chas:
Jackson, assault and battery on EsSneI Cary
with bricks and stones; Reform school. John W.
> unnson, stealing one cedar post, IS. Annie
Pinn, threats OF violence against Sarah Tasco.
The parties appeared TO have engaged in q
general quarrel; bonds in 900 each to keep the
ptace. Abram Dyson, assault and battery upon
Oceana Dyson, his vile, by striking her In the
mouth and threatening TO beat her with clothes
line, bonds to keep the peace. Charles Nugent,
assault and robbing Of gold watch from Charles
Phillips and assaulting an officer, waived exami-
nation; sent to grand jury.