, 1879-07-28
THE COURTS.
Several important decisions by
Judge Blodgett.
All the Way from 6iam---suit for False
Imprisonment.
New Suits, Judgnents, Confes-
stons, Divorces, Etc.

new Suits, Judgments, Confes-
stons, Divorces, Etc.
Judge Dlodgctt was not In court Tor the laat
~cck. hut II would 10 m Nnwarrnntahlc in11r-
enco to eay tlat lie had been tn'i!ilg inurh OF
vnca,.on, az he Saturday came Into court mud
delivered several opintons, two Of which woso
vrry lengthy. The frst casc dcctoed wns that
of Ezra II. Bond and others against the pro-
no,]cr pEussla, With which was consolidated sl'c
ea.o Of tho Mercantile Mutual insurance Com
nsuv ct al. W. Tic Same. Theao two cults wore
ibels for injuries clamed 70 liavo been s'sta'nca
~ the schooner o. NJ. Bond md her cargo from
ro,l,,ion with tho propeller Prusssa IN
the Wolland Canal on , tho 18th OF
Auoust, 1877. The schooner wa on her
vay from Chicago to Klngstoo, Canaan,
vIth a cargo Of $4,000 bushels Of corp, md a.
Ina prccse tlmo Of the collision co'nplnihes oi
vas passing through Wellatd Cahal IN ~" .a,a 10
the tug Nocking- bird. When her master aaw
tic propeller prussa coming around l;an,Js N.Y.
Hand. tbe schooner uas draxn b pow r. I'D atern
Hnrs 10 The cast or tow. path side OF inc canM.
Tie canal at that point was about nty.seVcn !oos
vida. tho schooner VA twsas.,s1 w. 1csyx 70 opT six
1c"t iocway 10 pass Tho vessels strlck as, on
tleir bows In passlng, and then w l!ass,a !ssn
str1ick I second swinging blow "Ah nor etesn.
The schooner rcns n eos sr May ~ cas @ Il
Mas found siha!o plank Ind been i pfokcm . .,n on
mast, and between tho bilEo md keel. ~ Sha "
+hrn 20 10 Buffalo, unload The wet corn, a1n 60
tnfn si,ry.Iock for repairs. The theory Ut ts'e
iihe,ants WIS that the Prussia struck against
,ho schoordr 10 tosclhly as to drive tle lntteru'l
n,onolJer was runn!nl, at too high rnts OF
pnoc5' p.or5ST Tho. respondents contendcd tt,nt the
.,ronnler WA running al only four or five miles
sr, hour, and, owing to tho strong west "lhn
hiovinr. ahe could not hHve had atcernGt"Tav
.Ead sh0 been running slower. TINT the bow ot
Aha nrupelser struck a hidden rock which shcercd
Ier nynr toward the schooner. Rtl that this nc
rlcut was m !ncvltabie accident not arts!llg
from any neglect On tHe palt VI 'nc pfoP"''e'
o Tic judge said from ali the evidence IT a'en,-
ed that tho propeller was only running At q
proper rate Of speed, not over four miles an
hour. Thu important question WAS Whetler the
Prussia first struck tho schooner through g1auc-
Inc az. htdtlen rock, or through negligence.
Thcrn was some eviiloncc tending to show there
was rock in the heel -patt-sidc Of inc canal ~
al OH other grounds. The Testimony DID not
show the prusstn was unskillfully managed, md
certainly the blow wns not very severe one.
somo outside witnesses y met saa IL w. no
inr each other In tho cannl. There was, nov.
cgcr, another significant fuct. The Injury 70 the
nchopner was on the bottom. She was tlen s1raw
ing ten feet while te canal was aonfsecn ec ' asss
thrra feet IN tsle water, 50 Us to make hef oot.
tom strike the bottosn oI the caha!, could not
havo boen caused by swinging
blow on the stle inc hoe r. was tntsEssG KS. su,
denl, and nt eomo other olaces' lor thG eYioenSe
did not at nil support The thcorJ ;hat II was sE
result ot this collision. The ortdeice shorcu N
sho LAY several hours III Tue oasln ~ toat ~, ~
horne, where thcro was bnrciy enpuel Natcr "
tiaat her, md tint she passed several otnc. ~
shallow points, md. moreover, tfut sue was a
leaking hetore thu collision. The tcstlInonN nts
not show q psIpohoerance .! ,;S GSe hs S,.niss,.
o. ..tS nIt.a."es ~ q mI ~. i;s'cInnts' co,ts.
IN ooth cases ~ ''oa.a"to $50
DAVIS vs.. HE'D.
This was a suit 10 iorccosc II Sso, ,00 mortEaE'
on the Reid u sllorwill s,aienseI,noase. ~. !.
usual reference WIS lnn1o 70 ulc MasGr II
mt. Mrs. Reid ind Mrs s!,eE*in @ ract' tcok OK
ccptions to tho report, claiming: they bad nsvc
sgnsd II. ,,, ryace Gts scary sstaMed ,Gs re-
probably forgotten the tranaac,lo1' an.; hs over
ruled tlcir exceptions and entered ue1es
foreclosure .,.-
49,. 4 QUESTION or FACT.
Tho case nj SkIupcr -. Tho Chicago. Rocl
1.,oml I. Fdc;nc Ratiroad Co,l,pa,ly came IN ol
nrront,on. ~ % to tm itefcrcos rrvor,, It was
.t, ~ rn'nvsr .hc amount due for 4 ebjpu,er,
~ ~ hy Skinner Swcst.crtE il Co, TO the ra!Eroa
IN Wnfrh: I1T5. ind Tic biIl Tor which was a4
s,rncI by TIC siipuers 10 lia,stor., Hall tS Gu
through G, X. Leonard ono of ti.t f!rtn. ~
order was dnly presented 10 tt!a ac!c1laant III,
notice given os the assignment n put 9!e SSoiapan
d!srceardel It and paid to osls 10 NJ sMeeGs -,
O. oay s aest'on st " ~as sf s good pa;
n,cnt o. nrasust Ralstot,, Hall & Co., to who'
the claim bad been nsstgIcd: ms H1lGfe
found l @ i9So6 & oi ,np ta p'a., , aai Ms!s'e' e t @