The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1883-08-04
COMMERCIAL LAW.
Brief Digests Of Late DsclAlons.
Compiled Specially for the 81. Louis CONNER
cial Gazette.l
RAILROAD PASSENGER.

Hhrtok OlkeSth VI AAANc AbouAHtUbos
Compiled Specially for the 81. Louis CONNER
cial Gazette,l
RAILROAD PASSENGER. aeA
A passenger upon railroad train
was unable, in consequence OF the
crowded condition of the cars, 10 obtain
seat Although there was standing
| room inside, no placed himself ON OK
and rode there for some distance with
| his back against the car window ut the
end, holding on by an iron rail affixed 10
the car. While in this position jolt
occurred by which he was thrown upon
the track and injured. Held, that he
had been guilty Of such contributory
negligence as to defeat his right Of re-
covery The court said: without as
senting to the broad proposition that
railroad company Is bound absolutely
| and under all circumstances to provide
every passenger on the train with seat,
| 1t can not be questioned that as gen
eral rule and under ordinary cfrcunn-
stances, it is the duty of such company
to provide suitable car accommodations
and seats for those whom il undertakes
to carry. And II q passenger, exercis-
lliA ANusOnWOAO OuAO UuA PA00OAds'c1 ~
injured In consequence of the company's
neglect of duty ia that regard the latter
is liable In damages for the injury thus
occasioned solely by its own negligence.
But it was gross negligence in this
plaintiff for him to voluntarily take
position near the outer edge OF the plat.
form and remain there until by an or
binary Jolt of the car he lost his oqui-
| 4 s.fr " NawaaAar.
q Atlantic Railroad Companyvs. Hoosey,
Supreme Court of Pennsylvania.
PARTNERSHIP AND SPECIFIC PERFoRSs-
ANCE.
When one partner sold his interest In
the firm to another for sum TO be paid
In installments, q part in few days
and the balance In one and two yo&rs,
Tor which two last installments the pur-
chaser was to give his notes Sc
cured by mortgage on real es-
tate with interest, and Il APP
{ peared that the vendor concealed
, tho fact that the firm was indebted
: largely in local debts not appearing up
} on the firm books, so that the assets 81
; the firm were noS near SO valuAble o.
: the purchaser supposed them TO be,
+ such indebtedness being kept In the
private book Of one Of the partners, OF
a which the purchaser had no notice, the
4 contract Will not be specifically enforced
! at the suit Of the vendor, notwithatand.
ing some delay on the part Of the pur.
4 chaser before refusing to pay and not.
/ withstandng the vendor informed hiM
4 that he did not know the value of hii
. interest, and that he was only selling
! his interest, whatever it might DO. Bul
= the vendee will be left to his remedy 81
!. law Hatfield VS.. Wiley, Supreme Cour
1 of Illinois.
d JUDGMENT AND EXECUTION.
o Before any person or the property o
any person can be made liable for thu
payment on execution of any legal Lin
bility, there must be proceedings agains
that person, instituted In some court o
competent jurisdiction, which hav'
eventuated in judgment rendered II
such court awarding to the plaintiff TN
q right to have execution issued agains
d such person or against his property
/ And IL is Just as we'll understood tina
; before any particular piece Of propert,
can be declared subject TO sale upon ex
h ecution there must be like judgment
d rendered in the course Of some legitl
y | I1dlJ HIOCCtulAAs lHbbiuNOC0 AOA pAS qua
o pose, declaring such particular piece Q
/. property subject to such sale. And o.
/. such proceeding, before any such resul
Ii can be legally reached, the owner Of Tn
I. property must have had notice Of Il
j perdency, and had his day in court 1
4 which TO make his defense. ASager VI
4 Ludwig, Circuit Court of Carroll Cour
'. ty, Illinois.
n STEAMBOAT AND PASSENGER.
l. The captain of Mississippi passer
ic ger steamboat running from st. Loui
to New Orleans has authority by virtu
4 Of the incidental power, necessarily RI
n sulting from his Official capacity as mas
4. ter Of the vessel, to give permission :
q passengers to remain ON board owe
10 night when the vessel arrives in poi
g. after nightfall. And II he accords thi
n permission the voyage Is not ended o
m TO passengers who accept 1t. And
10 can not be said as a matter OF law this
= next morning Is an unreasonable tim
within which the passengers remainin
n on board under the invitation shall n
ID move their baggage. And If the boz
~ and baggage are burned durin
Y the night the loss must fall VI
- on the owners OF the boat, as to tt
an baggage OF passengers who RENAME
hL a on board by the permission Of the cal
- tain. --Prickett and wife VS.. New O
a. leans Anchor Line, st. Louis Court
in Appeals. arat
he q VENDOR AND yENDEE.
NJ The legal effect of contract Of pu
M chase of an entire bill of goods--not
.se any specific articles but of goods
he kind, quality and amount specified
on six months time, Is to mako d
he price due and payable In $
ew months from the time Of deli
he cry of the entire bill. Where b
is. goods are to be delivered at the pla
tx Of sale and the vendee wrongful
oh delays the delivery, the vendor mi
3D. secure his rights by making tende
in. which is tantamount to q delivery.
no such cases the setting apart Of the goo
les for the vendee and notice to him W
st, be a sufficient tender. II the vend
yer acquiesces in the delay of the vendee
be call for the goods, without making
a tender, he accepts the legal CON
ee- auence, which is q postponement
L | - A. a n {. Il