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(No. 64.)

By a husband and wife for injury to the wife, by reason of

the negligence and mismanagement of the defendant, a railroad company.

SUPERIOR COURT-CITY OF NEW-YORK.

Harvey O. Weed and Helen L his wife

agt.
The Panama Railroad Company.

Harvey O. Weed and Helen L. Weed his wife complain of the Panama Railroad Company, defendants, and show to this court:

That the defendants are a corporation, incorporated under the laws of the State of New-York, and are the proprietors of a railroad extending from Aspinwall to a point westerly of Obispo, in the Isthmus of Panama, in the State of New Grenada.

That the said railroad is employed by the said defendants for the conveyance of passengers for hire, by means of cars and locomotive engines running thereon.

That on or about the 15th day of August, A. D. 1854, these plaintiffs, together with a large number of persons, in all about four hundred in number, took passage by the said railroad at a point westerly from Obispo, aforesaid, to Aspinwall.

That the said plaintiffs had duly paid their passage money or fare demanded by the said defendants, in consideration of which passage money or fare, so paid the said defendants, it thereby became their duty to convey

1 This case is reported 5 Duer, p. 193.

said plaintiffs to Aspinwall, as aforesaid, with due and reasonable speed and dispatch, and to furnish them with such seats and other conveniences as might be necessary for their comfort.

These plaintiffs further say, that the said defendants did not convey them to Aspinwall in manner as they were bound by their duty as common carriers to do, but, on the contrary, wrongfully and negligently caused the said plaintiffs to be delayed on their said journey, and to be subject to great discomfort and inconvenience.

That under pretence of conveying these plaintiffs on their way to Aspinwall, as aforesaid, the said defendants, by their agents and servants acting under their directions, wholly neglecting the comfort, convenience and safety of these plaintiffs, and of the large number of persons who, with them, were passengers by said railroad, as aforesaid, did cause the cars, wherein these plaintiffs and said other passengers were seated, to be conveyed and drawn to a certain place between Obispo and Aspinwall, and there suffered and compelled the said plaintiffs, together with said other passengers, to remain during one entire night.

That the place to which the said defendants caused the said plaintiffs to be conveyed, as aforesaid, was a low, wet, swampy place, in the midst of a forest, remote many miles from any habitation, and without any building or convenience for the protection or comfort of

persons thereat.

That the atmosphere at said place is exceedingly unwholesome, so much so as to produce disease, when persons are exposed during several hours to such atmosphere.

| This allegation of “duty,” &c., is superfluous. (See ante, p. 193, and note.)

That during the time these plaintiffs were left at said last mentioned place, it rained continually, and the ground, being wet by such rain, caused a deleterious miasma to arise, which filled the atmosphere, endangering the health of those compelled to breathe it.

That the said defendants, and their agents and servants, having the charge of the conveyance of these plaintiffs, as aforesaid, well knew the nature of the place to which they conveyed the said plaintiffs, as aforesaid, and that the same was' unfit for the continued delay of these plaintiffs and said other passengers at any time, and especially during the night time.

That notwithstanding such knowledge, and without any reasonable or justifiable ground for so doing, the said agents and servants of the said defendants, acting under the direction of the said defendants, after having caused the train of cars in which said plaintiffs were, at the time aforesaid, to be drawn to said last mentioned place, detached from said train the locomotive by which said train had been drawn, and ran back with the same, taking with them the lights which had been placed in said train for the convenience of the passengers, to a place called Obispo, from which the said train had departed a short time previous, leaving the said cars standing upon the said road in the midst of said forest, with about four hundred passengers, including these plaintiffs.

That these plaintiffs, and the said other passengers, were compelled to sit or stand in the cars during the whole of said night, without food or water.

That by reason thereof, the said plaintiff, Helen L., the wife of the said plaintiff, Harvey O. Weed, suffered greatly in her body and mind, and then and there became sick in body, owing to the unwholesomeness of said place, and suffered great pain, so much so that her life was despaired of for several days.

That by reason of the premises, the said Helen contracted a violent fever, produced by the said exposure, from which she has suffered in body and mind from that time to and until the commencement of this action, and has been very much weakened and enfeebled thereby.

That by reason of the wrongful misconduct of the said defendants, and their agents and servants acting under their authority and direction in the premises, as aforesaid, the said Helen hath sustained great and permanent injury in her health.

These plaintiffs further say, that they are informed and believe that the agents and servants having charge of the conveyance of these plaintiffs, acted under instructions received from said defendants, requiring them to detain the passengers, among whom these plaintiffs were, for upwards of a day on said railroad, whereas they could and should have conveyed the said passengers on the same in three or four hours at the farthest.

Wherefore these plaintiffs demand judgment against the said defendants for the damages sustained by reason of the injuries to the said plaintiff, Helen, to the amount of $25,000, besides costs.

WILLARD & ANDERSON,

Plaintiffs' Attorneys.

(No. 65.)

Against a physician for negligence and want of skill.

SUPREME COURT-GREENE COUNTY.

William Alger

agt. William Telfair.

The plaintiff complains of the defendant:

That on or about the month of January, 1858, at Durham, Greene county, the said plaintiff met with an accident whereby his left arm was broken, and he thereupon employed the said defendant, for certain reasonable reward to be paid therefor to him, as a physician and surgeon, to set the said arm and dress the same for the said plaintiff.

That the said defendant was then practicing as a physician and surgeon at Cairo, Greene county, and the said defendant undertook to set and dress the said arm for the said plaintiff, and pretended that he had set the said arm.

The plaintiff avers that the defendant did not set and dress the said arm with reasonable care, skill and attention, as was his duty, but, on the contrary, so carelessly, unskillfully, negligently and improperly conducted and behaved himself, in and about the setting and taking care of said arm, that, by and through the carelessness, negligence, want of skill and improper conduct of the said defendant, the said plaintiff has been put to great pain and expense, his recovery to health and strength greatly retarded, his arm made, and still continues, and will, as the plaintiff believes, continue weak, crippled and crooked, and the plaintiff deprived of the use of his said arm, as he would have had if the same had been set and taken care of by the said defendant with proper and reasonable care and skill.

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