Year: 1872

Suit OF Mrs. Putnam Against the Seventh
Avenue Railroad Compaay-RefusaI to
Dismiss the Comp1alnt-verdict for Mrs.
Putnam for the Full Amount Claimed
Appeal from the Verdict.


In yesterdays HERALD was published full ac-
count OF the suit brought before Judge Curtis OF
the Superior Court by Mrs. Avery D. Putnam
against the Seventh Avenue Railroad Company for
DAMAGES ON account Of the killing OF her husband,
as alleged, by VIM. Foster. The days proceedings
closed with hearing the argument on motion TO
dismiss the complaint. On the reassembling of the
Court yesterday morning, Judge Curtis announced
his decision upon the motion, which was


REFUSAL TO DISMISS THE COMPLAINT.


Upon this announcement the counsel for the rail-
road company stated that they had no testimony
to offer in defence, but were willing to submit the
case to the jury on the summing up Of counsel and
the charge of the Judge. This proposal met the
approval of Mrs. Putnam's counsel, and thereupon
tile opposing counsel proceeded to the


SUMMING UP OF THE CASE


Some time was occupied by the counsel on both
sides In their diverse presentment OF the facts and
the law to the jury. Judicial decisions applicable to
the case were quoted at great length. very
strong case was that submitted by Mrs. Putnam's
counsel, In which verdict OF several thousand
dollars was given to passenger on a railroad
simply because OF on insult by an employe OF the
road calling In question his honesty before the





ondeavoring to cheat the company ont OF its
fare through presentation OF an improper ticket
Tee argument on both sides M was In the main purely
dry reading. Mr.. Parsons, who spoke on behalf or
Mrs. Putnam, did, however, dwell at some length
cars through the Violence or drunken rowdies, and
the responsibility attaching to the companies to
1cn
at once apparent to the conductor and driver, had
been promptly elected from the car, the tragedy
been prevented. He claimed that 1t was their duty
to do this in the outset and If necessary to have
s neg wed h o sms ne
ther, made no effort to remove him
violence upon Mr. Putnam after he left the car.
The strong argument against this was that the
parties had left the car and that neither the con-
ductor nor driver participated In the murderous
THE JUDGES CHARGE


Judge Curtis, In his charge to the jury, laid down
for their guidance the principles Of law governing
transport the deceased Tor hire, and were bound
to secure him q safe passage, as far as that could
gence. The law required them to exercise the ut
most care in maintaining order and guarding their
ana Sgan e 70
In view OF the character and condition OF other
persons whom they voluntarily expected to come or
not been exercised by the railroad company and
the death Of Mr. Putnam was clearly traceable to the
want of such diligence, the railroad company was
clearly liable for damages account of his death.
After the conclusion OF the Judges charge the
jury retired to deliberate upon their verdict, but
turned into Court with o verdict for $5,0O0-the
full amount claimed.


AN APPEAL.


After the declaration OF the verdict notice was
given by the counsel Of the railroad company Of an
Intention IN to oaa APPEAL from the same. Upon this
thirty days In which to prepare q case for appeal.