Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-11-20

COURT IN GENERAL TERN.
ms morning the Court in General Term
Judges Wylie, Olin and Macarthur on the
bench Hovey and Dole agt. Mcdonald &
White; hearing Of motions set for Wednes-
placed on calendar. TOmpkins agt. Mandel,
and Tompkins agt. Blumenberg; submitted
on printed statement; Speden agt. Davis;
on motion OF Mr.. Davidge, Mr.. Edward
Amber, of the Virginia bar, was admitted
TO the bar of this court.
STREET RAILROAD CASE.
The case of Converse against the Washing
ton and Georgetown Railroad Company was
taken up-Mr. Mattingly for plaintiff and
Mr.. Totem for defendant In this case a YER
dict was found for plaintiff for 81 900, and an
appeal was taken. 1t was claimed by defend
ant that plaintiff was intoxicated i'm the car,
and vomiting, when defendants agent elected
Pialntln: On the trial below the court grant
ed prayers of defendant that il plaintiff was
intoxicated the duty of the conductor was to
eject him, but with the proviso that no more
force than was necessary was used, and re-
the evidence that the conductor told the plain
TIN not to smoke, and that the plaintiff had q
cigar In his mouth unlighted, and that the
plaintiff attempted to throw the cigar out at
the window, and that thereupOn the defend
ants conductor Immediately seized the plain
tin and dragged him out. and without stop
ping the car, threw him off, the plaintiff
cannot recover, because such an act on the
part OF the conductor was a wantOn and will
ful act on the part of the conductor, and the
plaintiff cannot recover from the defendant
for any injury thus inflicted upon him." The
defendant claims that the damages are ex-
cessive. that the acts of the conductor, as tes-
tif1ed by plaintiff, were outside the conduct
or's employment, and the company is not
liable for damages resulting from the wan
ton, wilful or malicious acts of its agent out
side the scope of his employment.
Grote agt. O'Hare; argued and submitted
District agt. RObinsOn submitted.
CIRCUIT COURT-JtHige IrTffer
To-day, Johnson agt. Prior; verdict for
plaintiff, nominal damages. Bross agt.
Sharp; on trial.
POLICE COURT-Jmiqe Shell
To-day, Jack Russell, assault and battery
on John SherZer; $40 and costs or thirty days.
Jack Russell, larceny Of a pigeon; So. Mack
wallace, threats to Celia Daniel; 800 bonds
to keep the peace Joseph G. Goodman, as
sault on Anthony Shilling; So or thirty days
in Jail. Ray McGraw, assault on Edward
Devl1n; $50 and costs or thirty days in Jail.
toward carter, petit larceny; sixty days in
jail. John l.. Payne assault on Ellsworth
HOgans; 50 and costs or thirty days in Jail.
James M. German and James O'Brien, af-
fray; OBrien fined IS or thirty days and Cor
man forfeited collateral. Richard Gillispie
an omnibus driver for the Lafayette house,
charged with the embezzlement of seventy
Day. proprietor of the Lafayette house, by
taking passengers to another hotel and re-
ceiving pay therefor; SO and costs or thirty
days in Jail. Samuel s. Turner, street
cursing; So. Catherine Phenix, maintaining
nuisance in Georgetown; as Hardness
Howard, loud; So. Geo. w. Coleman, street
cursing; SIS. Viola White, loud and bolster
Gus; So. Victoria Burch was sent down for
vagrancy. John Piper, a small white boy,
throwing stones in the street; ST. Henry
Matthews, colored, a razor fiourisher; con-
tinued and committed in default of bonds
William Lane was sent down for vagrancy.
Albert Lee, a razor fiourisher; $50 or sixty
days. Lee Scott, cursing; S5. Peter Nc
DonOugh, street cursing; S.. Daniel Burke,
loud
boisterous; go. August DERRICK. Obstruct-
ing footway with boxes; So Samuel Fear
son, larceny of piece of meat; $40. Julia
Ann Johnson, Jacob +. King John Peyton,
Anna McCue, Mary MOriarty and Patrick
Breen forfeited cOllaterals for various Of
fences.