, 1877-02-06

TIE Company should mt t,c held for any 1osa o
damage % anr box, package, or ANYTHING wortl
n7cr tI'croo; f'9 ancs; The }a.t and true vaiu
tnse ] Of tie Aans Iaaea n tue receipt IL II
- Iill,nls, anil subsequent cas.,, Il was i,cl,
mat receipt thntntnlng I,rtyIe1nns limiting 1 h
commentary liability pf r,fn2,ny must .!c ne
srmtes, ,tI 10 wst f9ll knsw1edge Of is tcr.nr
| s'gnor. The simple delivery Of such q roccip
r. ttfc shipper ts not conclusive upon tho latter
whether hc latl knowledge Of the terms of th'
ffSeert fet Is pons for The {ry to decide upon cv
shawinE the giving Of tic revcipt mr.,
admissible in evidence to emilia III,
j!ry to decide That fact. Conccdlng thc term,
nf the receipt VI ths kind nre well uutlerAto.x
eoucce tint the law iraorc. tsr,isencc con and e i
in this casc. The Company cl,,sc to dix III,
saie tfnasrtaton n.i u these goods ty tho PITTS
Thu train wa. running ut tic rate ii thirty q
thirty-tvc miles m hour when IL struck broket
Fa,l and the bnyEaut.car telcscopcd into The CT.
preas ear, Knocking down stove IN w1lcl, there
w flre, and tho express car, with tie gotn1s
WA caused by the teleseoping Of the baggage.
sar Into tho c1prcsscar. The cars should
nafo becn constructed properly. and will.
"a contriyancc known nrior to 1872. which. tha
evidence allowctl1 tends To, III a great measure,
prevent such accidents, aud which mnny compa-.
ndss ntcs Lad introduced Into their scrstee GONE
without ,hem, Ind Considers the iatt fact
taat they were not In use on thls road as casc
Of negligence. The railroad company transact
lug It's business without these improvements Is
Justly held guilty OF negligence. When the cx-
prcss company takes snch y corporation tntn TIA
employment Il is responsible for It's acts. TIC
agreement docs not atsolrc them from taking
tropcr care and guarding against negligence.
Whrn a small package contains IN aftfclo ul
great vati1c. II proper that tho carrier should
hare information thereof. But It is not 80 with
large pacsaRes abarTcl Of -four, etc.. because the
Ing Jury should sec that everything WIS fair;
that there vas no frnud or conrcnlnient on Tho
part OF tho shipper; md they should lc we'll a.
surcd TINT he understood the terms OF tho re-
ccipt.
Tho opinion concludes BY saying: "Thero Is
~ this case. We have right to suppose that
~ DO not nnfors The valuation clause
was no design to drfraud In tllIs casc, am and
mon carrier siaii be lA4s enabled eom, 70
essapo The ne reaponslh!l!ty under ancl, circpn,-
$500; BY this judgement THAT Of tic lower lower
There is no justlcn In that"
Judgment Of the lower Court Nus accordingly
plaintiff, and Small i Nooru ior tie tlefen'ann NJ
BYRD vs. HUGHES.
n Ihc ease Of DYr1 vs. Hughes, appealed from
the Circuit Court blu IN equity was filed BY
I, seo[ge .'g y bss sgsin.t aeotss & Il Hughes
alleged to have obtained for soryiecs
srtrs ~ aEent Tcn,,no Or vs, att1tncy for certain
!he Court sustained. fho bIli alcres that i,, IN
IVY the appel!aut was real-cstufc agent in
Chlsago, and was employed by William i. Tur.
nsr qua - Jon a.: Wasg.on cf Virginia. the
Ll!at Richard + Merrlck, distinguished LAWYER @
n The Illinois Bar, wna retained Is Turner Ind
WashinEton's adviser; that tho appellant occu.
pieu the Hanc Office wlti. Hughes, MI nttor-
sy na actsa ,sa 'a4s sssus rs or P rse1 sh
Washington, be employed Hughes Us attornoy
from tinic. to time. But Hughes iIpportuucI
!, tno q! complainant to procure for him d retainer
essaao1a 15D aIfnfT tad md W;aainton pro
would IN no waY Interfere to remove, Fl'crsc,ic.
y snpplant complainant In tho said ngeicy, aud
:hat f,G would treat tho complainant fairly and
t.soclattou. il was 'psi"S asreeI ,hnt aMd
.hcy wcro to divide tho pro!ita arising ont Of
'aia retainer equally. Complainant, relying on
4 valid Hughes. Tho litter induced Turner % and
Washington to wholly lCnoro complainant, and |
an " n tngss asept hs excu
q, revenue. asising out Of said agency,
utther v. increase. Tho bl,l farther alleges
.,at; ,t IN ~ Nspts1nhcr 1so1, Washington died.
mt, all regular md direct communtcatlon be-
ween Chicago aud parts Of Virginia haI ceased. |
lnEhes, with view to obtaining still Yurthur I
oatrasts favorable 10 himself, anl subject 10 |
s sas4 protlse aud agreement to and With
nc ~ Of December, 1851, and obtained tic
ontfnct In question, from which, the BIT a.
rEcs, unEhcs realized profits in the aggregate
mounting to $ADt Dt00o, And asks that Hughes
. required to divide tho sumo cqually ,sitl,
~
Tie decision Of tho Supreme Court was Tint
W consideration ttl this easc was nc..nl, u,ltl
.n,1 @ n9t . 1c sforse!1 ~ court ct equity. Byrd
10 ttne ie entered into tho contratt With
I.1ghes In regard to fees to be obtained hy
!net!es on 9s1Gunt M Of Ills retainer from uyrl.s
Fi.,s!!'als. Tn!s eontract sas Of tho nature Of
, withdraw. True. neither Withdrew, 1ut
Iushlngton and Turner ter,niaatcl tLe
aasuSe!"ent as'S! py dtsctiarglng tic cnnt-
|atnant from tho management OF their
The Court bold that |. was proper,
Ter complainant was no iongur au agent, t.,
'ter upon q new contract with defendant.
,tler which he performed Tho services u.ld GO.
'Fetl large foes, and that theirs was no gr,unl |
+ r allowing complainant to como lu sud SHARE
u, defendant. utdur tl.ts ruling, tho Uni was
y ~ rsaMa'nea. and the Judgment was affirmed.
". besel Tor complainant, arsa Lawrence,
,lnpbcll u Lawrenco tur shs defendant.
~ ne c4ac Of the City 0f Chlcpgt W. WASH.
eton lieainE,. administrator Ut tic estate Of
" Werner. tle opinion waa delivered i,y JUS
o scott. Tho action WAS to receiver damages
snltlu1 TO tho next OF kln tu Max Werner.
70 : eaalo % to Ills dcat1 by drowning In u dltch
cu WIN water, In street immediately ln
'ut OF tho restdunco Of hts pareuta. UyrerscI
= icss than years old. The first point ect-
.a ~ u that no negligence cau be imputed 10 tho
fents Tor their failuru to keep q constant !
teh on deceased;, nor Atloull negligence ise
Pute4 to the mother for future To tcsukcitatn 4
Guild when dlacoYercd.
y appears fEoln the opinion OF tho Court tbst =
,i,y eity w. guilty Ut gross negllgcnee In per-
@uaG Tue existence Ut thc ditch 1Illel To the I
pta u 1ye feet with Wuter sul witht",t | ,