The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-06-01

Tho West Point Fire Cases.


In the ease Of Inman, Swami X Co.
against the Richmond, York River and
Chesapeake Railroad Company Judge Well
ford yesterday instructed the jury as fol-
lows:
The Jury are instructed that they should
find for the plaintiffs unless they are salts
fled from the evidence
1st. That thv plaintiffs cotton was de-
stroyed by fire without any negligence or
want Of proper vigilance and care III its
custody-that is, such vigilance and care
rs prudent owners would have taken Of
their own property similarly situated-on
the part OF the defendants OF any OF their
agents or servants: and
2d. That at or before the time when The
cotton was accepted in Georgia and South
Carolina for transportation 10 New York
the consignors OF the plaintiff, made an cX-
press contract with the officer Of the rail-
road company TO which the cotton was de-
livercd n agent for his own company and
all connecting lines releasing the defend
ants from liabilities, while the cotton should
be i'm their custody for loss or damage t6 it
by fire. not occaSioncd by their negligence
or fraud. The jury are further instructed
that the bills Of lading offered in evidence
hv the defendants are not Of themselves
sufficient 10 establish the fact OF any such
contract. In order to give them that effect
the Jury must believe from all the evidence
that those bills OF lading were delivered
bv the officer Of the railroad company to
which the goods were delivered rs agent
for his own company and for all connect
ing roads rs containing the terms OF an cX-
press contract Of shipment, and were so ac-
ccptcd by the conSignOrS OF the plaintiffs,
when the consignors had full time and OPP
portunity TO read the same; and were 50
accepted by the conSignOrS OF the plaintiffs
whether they read the bills or not, or
whether they were OF were not aware OF
their contents at or before the time when
the cotton was accepted for shipment.
Or. il delivered aud accepted at any time
afterwards, that they were accepted with
fun knowledge Of their contents by the
conSieuors OF the plaintiffs As correctly set
ting out the terms Of al express contract
made by them with the agent OF the car
riers before or when the cotton wax ac-
cepted for shipment; and il the Jury shall
so believe. and shall further believe that
the cotton was lost without negligence OF
the defendants or any Of their agents or
servants. they should find for the defend
ants.
I'm determining the purpose and intent
with which these bills Of lading were ten
dered and accepted. and the knowledge Of
their contents by the conSignor, if accepted
after the cotton had been received for
transportation. the jury should lake into
consideration the laws OF Georgia and
South Carolina, in which States the trans
actions occurred. and in connection there
with all the evidence in the cause respect
ing the previous dealings OF the plaintiffs
conSignOrs with the carriers to whom the
goods were cOntidcd, and respecting the
authority and duty devolved by the de-
PENDANTS i'm this cause upon their connect
ing roads IN South Carolina and Georgia
about the bills Of ading 10 be taken from
shippers, and respecting the action and
conduct Of the plaintiffs and defendant
company in regard to this cotton after it
was accepted and IN trdnSitu.
The ease was argued by Hon. Francis l..
Smith. OF Alexandria; Judge Robert Ould,
Colonel W. W. Gordon. and Mr.. Nash, OF
New York, and the jury brought in n
verdict awarding plaintiffs the amount of
their claim. S29, ,3Sl.9i, with mtcres, from
the date OF thelosS.
This was one OF four cases aggregating
between 100000 and SlOO,OOO, and grew
out OF the destruction of cotton by fire at
West Point on the 2Sth Of November, 1850.
The railroad company had policies OF IN
sllrance, but some Of the insurance COM
panes refused to pay, holding that they
were liable only as indcmnitors Of therail-
road, and that if this be not so they are at
least entitled to have their separate in
surance il shippers contribute pro rata
with them.
Francis l.. Smith, OF Alexandra, and +.
+. Nash, Of New York, for plaintiffs; ".
W. Gordon and II. II. Marsh for railroad
company; Ould Il Darlington, :. B. Paul,
Frank Clarke Of Baltimore, and john \.
Coke for insurance company.
Another one OF the eases is fixed for
hearing ON June 2Gth, unless compromise
should be sooner effected.