National Republican. (Washington City (D.C.)) 1872-1888, 1875-02-22
THE COURTS.
General Term-sunreme Court.


All the associate justices sat in bGHc on Satur.
day, and opinions were delivered in the following
cases.
In the case Of Farrant vs.. Farrant the decision
below was affirmed. Judge Wylie delivered the
opinion Of the court to the effect that the owner
of q shanty had the right to remove the same, It
not being part Of the real estate but on rollers.
In the case Of Fletcher VS.. Fletcher, Judge
WThe delivered the opinion Of the court. In this
case the widow Of the late John Fletcher Pc
titIoned to have q deed made by the deceased to
his brother set aside on the ground that It was
given without proper consideration. The deed in
question recites the consideration OF 81 6OO and
was claimed that the deed was made for the pur
pose Of defeating the collection Of Judgment on
an action for SANDER, which was not brought to
and he deed bears record June 16 previous. The
court affirmed the decision below, dismissing the
bill without prejudice.
Judge Wyfie also delivered the opinion Of the
court in the case OF
PABsT AGAINST THE BALTIMORE AND OHIO RAIL
ROAD COMPANY.
Averdict given in the lower court for plaintiff
for SO, 5eS.25. Several exceptions were taken,
among them one the refusal of the court to
set aside the verdict for excessive damages. The
opinion is that under the common law the refusal
| Of court to set aside verdict on this ground
cannot be alleged for error in the appellate court
but the decision below is final 1t is claimed that
the court, and Judge Wylie discusses this subject
at some length and says that the act of Congress
intends that the questions of law shall be taken
up in the usual manner, and that a motion for o
new trial for insufficient evidence or for excessive
| damages must rest upon an agreed case.
The opinion says they do not deem II necessary
| to examine the rulings Of the court in answer to
the several propositions Of law, since new trial
ought to be granted for what they consider erro-
neous instruction, and the substance Of which
seems to pervade all the instructions, viz II
hold II the proclamation Of arrival at Washing
ton was made IL is to be presumed It was made
nv emnlOVeo OF the COmDaQv until the
trary is shown, and II made by other sources
than the authority Of the company, that It should
have been eountermanded by the company" and
thus "ff the proclamation come either from the
mouth Of their agent or was authorized, but was
law the company would be dereiict IL their duty
and chargeable with the consequences" Judge
Wylie says by these rulings the court took from
the jury even the question Of eontributary negli-
gence on the part Of the deceased.
Judge W. concludes: "Men who travel are pre-
sumed to be reasonable beings, and to exercise
ordinary care for the safety Of their own person,
and yet wherever men are found, whether at home
CT abroad, accidents do happen to some which are
such cases it would not be just to require others
to make them compensation in damages. If men
are to be transported as freight upon railways and
rivers, and their carriers held to the responsi-
bility Of insurers, they should suffer themselves
to be handled as freight and wait in their seats
till they can be landed upon the platform by the
agents OF the transporters. Where intelligence
exists, however, there must be accountability to
itself at least for the consequences Of its own i'm
prudence"
Circuit Court-Chief Justice Cartier.
Steamboat Company vs.. Craneh. Motion over
ruled and new trial prayed.
Van Riswick vs.. Lamon. Attachment granted
as to attorneys fees and sustained otherwise.
Collins VS.. Stafford. Motion oVerruled.
Police Court-Judge Smell.
In this court on Saturday Francis Powell,
charged with assault and battery on Peter Baker,
was fined Is or twenty days in jail. Henry For
tune, assault and battery on George Boyd; sent
IN PaForu ahnnl b. etc Ify,1, A L.,
currency from Charles NJ. Farlin; six months In
jail. Augustus York, larceny Of q shawl; $40
and costs. Also, for stealing some -four; six
months in jail. John Coleman, stealing two
pounds Of butter and dozen eggs from W. S.
Oliver; committed for hearing. John Colum,
profane; fined IS. Robert Boston, falling to re-
mn