National Republican. (Washington City (D.C.)) 1872-1888, 1875-02-05
THE COURTS.
Supreme Court of the United States.

THURSDAY, February 4, 1873.
On motion Of Mr. O. NJ. HRWley, Murray A.
Carter, ESQ.,, Of Salt Lake City, Utah, was admit
ted to practice as an attorney and counselor Of
On motion Of Mr.. S. T. Wallis, Richard Waite,
of Toledo, Ohio, was admitted to practice as an
attorney and counselor Of this court.
Tn. School s pireetors Of the Borough Of Carlisle
This cause was argued by Mr.. Joseph Casey OF
counsel for the plaintiff in error, and by Mr. Jno.
No. IFS r. H & ]. H. Peasants, plaintiffs in
error vs. Hamilton G. FAINT. This cause was ar
gued by Mr.. S. T. Wallis and J. Nevett Steele,of
counsel for the plaintiffs in error, and by Mr.. X.
T. Merrick, for the defendant in error.
Adjourned until tomorrow at L o'clock.
Supreme Court-Gensrsl Term.
All the justices sat in bGnc yesterday, and were
engaged as follows:
The Baltimore and Ohio Railroad Company,
appellant, vs. Matthew Psost, sPPeliee; MsssIs'
and Messrs. Mattmgly and Schmidt for the appel
lee. This suit was Instituted BY the appellee In
the Supreme Court Of the District Of Columbia to
recover damages for injuries sustained, as was
alleged, by his wife while passenger on the aP-
pellsnts road, between Washington and Baltl-
uuence Of which she died on the Sd day Of Janu-
ary 1873. 1t was in evidence below that when the
6Tt and MPRp to
leave the car, but the train suddenly started and
she was thrown under the wheels.
The Jury having rendered verdict for the plain
tiff for $356S.25, the defendant, by its counsel,
moved for new trial upon the bills Of exception,
and for excessive damages, which latter Question
below overruling the motion; and at the hearing
Of this appeal the counsel tor the appellant con-
tended that new trial could not be granted, be-
cause the law is well settled that where the pas
senger leaves q train without cause, or against
warning, and is injured, he cannot maintain an
action to recover for injuries sustained under such
circumstances. So, also, II the passengers want
of reasonable care and caution contributed to the
And the mere announcement Of the station does
not Justify passenger In getting OF the train
before It reaches the platform
The verdict Of the jury awarding S3,5oS2o was
| excessive and against the law Of the case as
stated to the jury by the court below.
THE OTHER SIDE.
The counsel for Pabst contend that under the
law railroad companies are held to the greatest
possible care and diligence. The personal safety
OF the passengers should not be left TO the sport
| of chance or the negligence Of careless agents.
| Any negligence in such ease may wen deserve
/ the epithet of gross. And the slightest neglect
| against which human prudence and foresight
may guard, or by which hurt or loss ts occasioned,
1 will render them liable to answer in damages.
| They argue that the facts In this case eonclu-
sively chow that the defendants vile believed,
arrived at the washington depot. Certainly 1t
| was Incumbent upon the DEFENDANTS agents when
| they saw passengers leaving the cars under this
impression, TO have them notified that they were
| not in the depot. An ordinary degree Of care
/ alone would have required as much. Each case
is governed BY is own cifenmssa noes G1t tne
4
ger is only required to exercise such care as pru
| dent person under the same circumstances would
| be expected to exercise. Certainly, under the
| circumstances, when washington" was called,
i and the passengers were leaving, the slightest
| care would have required that the announcement
should be countermanded.
The case was not concluded.
Equity Court-Judge wyle.
This court was engaged IS follows yesterday:
Sehenck vs.. Walker. Order vacating process.
StuTges VS.. Holiday. Decree taking bill for
Lunsford vs'Lunsford Decree for sale, with
| W. L. Dunlap as trustee.
| Bowen ct al VS.. McDevitt ct al. Decree fol
specific sum, and appointing W. Z. Matttngiy
| and ID. UCallagan trustees.
Strong VS.. Wiley ct al. Order for preliminary
Langley vs.. Langley. Order confirming trus
1 tees sale.
Mclean VS.. Young. Order by consent vacasinl
a humber Of other routine orders were made.
1 Adjourned. .
Police court-Judge Smell.
| In this court Charles Miller, charged with lar
| H. Cant, stealing clothingi six months In jail
| WIN. Smith, burglary and larceny; held for 40
| ton Of grand Jury. VIM. Bond, assault and bat
| terry; go and costs. Kate Jones, Hall Fitzsim
/ mons, Lucy Lowry, Lewis johnson and Thoma
| Williams, all charged with vagrancy; sent down
| George Dayidge, firing gun on the street; nneC
| $40. James Stevenson, carrying q set OF iroI
| knuckles; nned $50 or ninety days in workhouse
| John Constantine for being loud and boisterou
Thomas Fitzgerald was fined $50 or ninety day
II in al