Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-02-20

CIRCUIT COURT-,JtUIge Culfier.
ertcrday Bmrnstine vs.. Hursh; verde for plain
TN IN ; llO. BurnStine VS.. Eastwood; submitted,
and judgment for plaintiff.
CRIMINAL COURT-JudJe Mac AYtb,1;.
case eed I Bds w. vs. RED Tt6dTwo and
bring IN a scaled verdict.
To-day BeaI agt. Reddington; verdict for plain
COURT IN GENERAL TERM.
ui Tie court sat in General Term to-day-Judees
Wylier Humphreys, and Macarthur ON the bench
ioI he purpose Of delivering opinions AMI Tor other
In re. William Bradley and Sons; decree ni,i rati-
flying trustee sale.
IN me case Of Farrant 4gt, Fsrrant the DECISION
below was affirmed Judge Wylic delivered the opn-
lOE Of the court to the effect that the owner Of
a part 81 the real estate, but on rollers.
T. ,,,,. .oso 81, N ri.,l,II OF A DEED.
widow Of the late John Fletcher Petitioned to ha,e
decd made by the deceased to his brother set aside ON
the ground that il was given without proper consid
Grafton. The deed in question rpcites the 0psiCar
ton OF go, and on its face states that nothing was
paid and It was claimed that the deed made for
the purpose OF defeating the collection OF jud gmeH
on an action for Islander, which not brought 10
trial This action was brought August 5, 1873, aud
the deed hears record june 10th previous. The court
a1lhel The decision below. dlSmlSsing the bill with
uCe tCaTtteTl aissented.
Judge Wylie also delivered the opinion Of the
PAEsr AGAINST THE BALTIMORE AND OHIO RAIL
The action was brought TO recover damages to the
husband III consequence ri injuries to his wife from
~ MS; NeTact was given Ia the lower court Tor
pialntin Tor s3-J65.25. Several exceptions we re
taken among them the refusal Of the court To
set aalde me verdict for excessive damages. The
ophinhis that under the common law the refusal of
court 10 set ASIDE verdict on this ground ca nnO-
aiies'l l"I tiIer M tlt appellate court, but tie
deci son below Is final: It. is claimed that this rule
has been changed 10y the act establishing the court
and Judge Wylie discusses tins subject at some
length and that the act of Congress intends that
me questions OF law shall be taken up in the usual
manner aud that motion for new trial for inSufIi
cIeht EVIDENCE or Tor excessive damages must rest
The opinion says that they do not deem if neces-
sary TO examine the rulings of the court in answer
ought to be granted for what they consider erroneous
INSTRUCTION and the substance of which seems TO ner
nation OF arrival at Washington made il is to
be sumed il Was made by an employee of the COM
other sources than the authority Of the c0nlnsny
That 1t should have been cOuntermanded Nv the com
from tile mouth of their agent OF was suthori1nd'
bnt was uncontradicted through their agency under
and ChaTgable with the consequences :" Judge viis
say " these rulings the court took from the nry
part Of the deceased He cites the case Of Brdee act
The North London II. W. Co., l.. r. Q. b., s, sage
Know from our own experience that il is customary
Tor conductors to announce the name of station 10
reached so that they may have time 10 gather IN
ihelr lDlPedtlaenn put ON their over GARMENTS and
~ other respects prepare 70 Riight. We know also
now often II happens that in approaching the sta
non IN city, the trains stop for brief
Bgflod eYond before reaching the landing or Clepot
The shifting of trains from one track To- snotber or
3ther causes produced by the necessities of trade In
ISfge ciy where I i important that the public CHI
ways should be obsructed little a. possible by the
business OF railways under such stoppages inevita-
Die. Men TFho travel presumed to be
reasonable beings, and to exercise ordinary
care lor the safety OF their own persons, and yet
wher ever men are found, whether at home or
Abroad, accidents do happen to some which are the
u6reet results OF their own imprudenee. In such
as u would not De Just to require Others to make
MEM ompensatioR in damages. II men are TO be
as freigt upon railways and rivers, aud
ibeu % held te the responsibility u insurers,
ttnY shouiu suner themselves to be handled "a
AMI wait In their till they be landed
u Is piatierm by the agents OF the transporter
ne!e tnteligenee exists, however there ust be ac
,ouEtabty 20 itself least for the consequences of
.n ~M u I'm prudence. White we hold that railway
shoaid be held TO the full measure of their
esPonsiplltles, yet il must be admitted that their
~ Is q ne&lcuable advantage to the public
meg sh9nid De made to suffer In damages for their
or mismanage cement when ii is proved,
,u u IS the duty OF the courts to hold the scales of
usnce even IN the trial of these when jures
re so maple TO be led astray by prejudice against
itizen." ~ N P''e'e
POLICE CoURr-Juigs Shell
To-Day, Francis Powell, assault and battery ON /
eyer BAKER; 80 and costs, or twenty days in ali. |