I 2 No. 2451.
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oFLOth HIVES, PA.,
,I-H-3 [V tiched Buildings, Stores. Mer
'.X Farm Property, and other Build
■ii ibeir contents, at moderate rates.
T - PIRLCTORS. *
jjJjPearee, Hon. G.a Harvey,
i Maver D. K. Jackman,
vCri-t. " vv - vv,litc >
n tinson ffhos. Kitchen.
DlCk Hon.G C. HARVEY, Pres.
T. T. ABRAMS, Vice Pres.
e Olchr , >ec'y.
REFERENCES.
[1 Lloyd, Thos. Bowman, I). D.
Xnenrdner, Win, Vanderbelt,
thrkev Wm - Fearon,
Dr. J. S. Crawford,
~':r rj e, A. Updegrafl",
James Armstrong,
son Cameron, Hon. Wro. Bigler.
-eat for Mifflin county, G. W. STEW
niiy from Less nil! Damage by Pi re,
* !•' ri-ie ami Inland Transportation.
CONTINENTAL
INSURANCE COMPANY.
• -ti.'fd hi, die legislature of Pennsylca
ii,a. with a Ptrjietual Charier.
..srized Capital, 81,000,000.
[.Vs.6l Walnut S!. above Second, lliiSa.
t barance on Buildings, Furniture, Aler
iise, Ac., generally. Marine Insurance
irjies and Freights to all parts of the
: Inland Insurance on Goods, dtc., by
: Rivers. Canals, and Land Carriages, to
:;• of the Union, on the most favorable
i.Cvr.:.-tent with security.
'' DTRECTURS.
;; IV. Col lad ay, William Bowers,
i! Coleman, Joseph Oat,
isV. Machette, Howard Hinchman,
GEORGE VV. COLL A DAY, President.
HAS WILSON. Secretary.
f'Azenl for Miillin county, Wui. P. F.L-
L fi-q. febl9-ly
bRJUTiiIi AI&DHI
AMD
br County Normal School,
[ FIIELBIRG, PA.
E third H-mi-annual session of this In-ii
•i v.;:j commence or, TUESDAY, Juiy
. i C' ue 22 weeks. Its location is
i.-i i.J wealthy, buildings new and com
j.- arid term* low. it is the constant aim
el. her- to i apart sound iis*t: uction ami
■: iv d -vjii-.p r.:.ii dire't the mental, moral
!• -ji eue.-gie- of l!ie student. The
t : wii 1 thoroughly prepare those
:it ii oliege, the study of a profession
I R- [."irsui's. The NOHM.IL DF.PART
r. ,'ipErior facilities to tcacheis, and
* rinng to become such, to acquire the
wj , lah.i ati' us. The C"uuty Supti in-
I'.'Ml! frequently review cla-ses and lee
• practical duties of the school room,
are also delivered in connection with
t" " tsiif -tudv, and every exertion made
shly applicants for the profession. Ar
are being made with directors to
Vr r,r those w ho obtain creditable
TERMS
mnra. tuition, $52 to 60
a alone, 8 to 16
in Normal Dcpartm'l per qr., b
<•%:. t. Hoarding in the village, $1 50
°r , r ek.
'nub*'lie containing further particu-
Address J GEO- E. MOFARLAND,
Principal.
m r 3-3. C 033. Y.
VISION AND FISH STORE.
t vihf.-.dber has opened a Grocery, Pro
- 1 F.sii Ftore opposite Major Eisen
>. w : , re h.i- has just received a fine
vr/tui!) (Gromtrcs
sj'oii :. may he found fine Collee, Sugar,
• '.on. .. Syrups, Cheese, Crackers,
Hirn, Sh'.ulder, Fine Ashton and Dairy
' Oscco, Scgars, Soap, die.
broom-, Tubs, Buckets, Baskets, and a
•wtment of Willow-ware, which he
" cadi very cheap.
" Ci-h for Butter, l.ard, Potatoes,
te prices, arid iudge for yourselves.
JAMES IRWIN.
Sugar. Syrups and Teas
gr EATLY REDUCED.
• '' !' r n, Sugar at 9a II cts. per lb.
"bite " 11a 13 do
G2 a 100 do
i '- r , ln K t best Syrup, 75 per gallon
V v J: 014 " 50 do
irLans Molasses, 50 do
V| r basli at the old Steam Mill Store, by
n!:in &, Co. Also, the prices on
81 TOODS GREATLY REDUCED,
'l've ui a call. We will sell for
. ■ ' i'iri anv other house.
-X KT,; \-\EDV, .J UN KIN & CO.
AVm . DR. MARKS,
I "sumcd the practice of medicine,
be found at his office iri the
lit 7 1 Ll' °PPosite the Lewistown Hotel
• h 1"37.-if
v.,'. !l ' l)f y and Green 1 in. Boards,
100 feet, fur Uy
I FRANCISCUS.
ipmnsymsis) ASJ® iPtsnKiaiosnßn> snr ®H@IBCKS irmrsiiKraiHßs iMwn£Sffl@wsj 9 ssnsranss ©®®sr©^ 8 sj>& 0
BY virtue of sundry writs of Vend. Expo
nas and Fi. Fa. issued out of the Court
oi Common Pleas of Mitilin county, and to
ine directed, will be exposed to sale by public
vendue or outcry, at the Court House, in the
Borough of Lewistawn, on
SATURDAY, April 3, 1858,
at one o clock in the afternoon, the following
real estate, to wit:
A lot of ground, situate on the north side
of Third street, in the Borough of Lewistown,
Mifflin county, fronting 15 feet, more or less,
on said street, and extending back 200 feet,
more or less, to an alley, bounded on the west
by lot of David Chriswell, north by an alley,
east by other lot of Geo. B. Patterson, and
south by third street, with a two story frame
house and otherimprovomeutsthereonerected.
A/so, one other lot of ground, fronting 30
feet, more or less, on Third street, and extend
ing back 200 feet, more or less, to an alley,
bounded on the west by other lot of George
B. Patterson, north by an alley, east by other
lot of George B. Patterson and others, south
by Third street, with a two story doublo frame
house, earpentcr shop and other improvements
thereon erected.
Also, one other lot of ground, fronting 15
feet, more or less, on Third street, anil ex
tending back 90 feet, more or less, bounded
on the west by other lot of George B. Patter
son, north by lot of Patterson and others,
east by Samuel Molson, and south by Third
street, with a two story frame bouse ar.d other
improvements thereon erected.
Also, one other lot of ground, fronting 10 I
feet, more or less, on Grand street, and ex
tending back 90 feet, more or less, bounded
on the west by other lots of George B. Pat
terson, north by Patterson, south by David
Chriswell, and east by Grand street, with a
two story frame house and other improve
ments thereon ereetcd.
Also, one other vacant lot of ground, front
ing 3U feet, more or less, on Grand street, arid
extending back 90 feet, more or less, bounded
on the west by other lot of George B. Patter
son, north Ly an alley, south Ivy Patterson,
east by Grand street. Seized, taken in exe
cution and to be sold as the property of
George Ji. I'atter.ivu.
AI.SO,
A let of ground, situate in the Borough of
Lewistown, Mifflin county, and on the north
side of West Water street, in said Borough,
adjoining lot of Susan Brown on the east, and j
lot of the heirs of John M'Cahan, deceased, !
on the west, being thirty feet, more or less,
fronting on Water street, and extending back
20U feet, to an alley, with a two story Ifriek
dwelling house and other improvements there- !
on erected. Seized, taken iu execution, and
to Le sold as the property of Joseph Rroughl.
ALSO,
A lot of ground, situate in the Borough of :
Lewistown, Mifflin county, fronting 30 feet,
more or less, on Mark'-t street, and extending
back, same width, iibi) feet, more or less, to .
an alley, bounded < n the west by lot of R. U. '
Jacob, n. rth by an alley, east by a lot of
Mary* Porter, and south by Market street,
with a two story frame house and other im
provements thereon erected. Seized, taken
in execution and to be sold as the property of
Jacob Eccrkh.
ALSO, j
Ail that certain steam mill and warehouse
property, situate in the west ward of the Bor
ough of Lewistown, Mifflin county, situate,
b -ing in, and known as luts NOP. 33, 34, 35,
3d, n tii" genornl plan of said borough, lying
on the north-east bank of the Pennsylvania
canal, and on which is erected a brick steam
flouring mill and engine house, Also, a ;
large frame warehouse, a frame cooper shop 1
and other improvements it being the
same property lately belonging to the late
firm of Marks and Mcßurney. Seized, taken
in execution and to be sold as the property of
Alfred Marks.
ALSO,
A lot >T ground, fronting 53 feet, more"or
les a , on Market street, in the borough of Mc-
Veytown, Mifflin county, extending back 21 4
feet, more or less, to an alley, bounded on tiie
not th by lot of Kosannah Davis, west by an
alley, east by Market street, and south by an
alley, with a two story frame house and other
improvements thereon erected. Seired, taken
in execution and to be sold as the property of
Williuw J. McCoy.
ALSO,
A vacant l"t nr piece of ground, situate in
the East Ward of the Borough of Lewistown,
Mifflin county, fronting 45 feet, more or less,
on Valley street, running through and front
ing 36 feet, more or less, on Third street,
bounded on the northeast by lot of David
Sunderland, at the junction of Third and
Valley streets, and bounded southwest by the
Ilose House lot and lot of Robert Matthews,
Sr. Seized, taken in execution and to be sold
as the property of F. 14'. Grimmiinjer and
Margaret C. Grimmitie/er.
T. E. WILLIAMS, Sheriff.
Bidders at the above Sheriff's Sales, are here
by notified that in each case where property is
knocked down, the purchaser will be required
to pay down ten per cent, on the amount of his
bid in cash, and give judgment note with appro
ved security for the balance ; to be paid when
the deed is acknowledged. Unless these con
ditions are complied with before the sales close,
the property will be set up again and resold.
Sheriff's Office, Lewistown, March 11, 1858.
A. CHA3NTCB
For EvUry Person to Raise their
Own GRAPES.
I>D HARE THEIR OW.Y WIRE.
riiHE undersigned will deliver from the Ist
1 to the 15th April next, to any persons
residing in Mifflin co., ISABELLA GRAPE
VINES of one year's growth, from cuttings
of "Juniata Vineyard," at the following rates,
payable when delivered: 25 Vines for S3,
50 do. for $5.50, 100 do. for $lO.
Good Cuttings w ill be delivered at half the
rates for Vines. Also, Osngo Orange Hedge
Plants to sell, and Hedges grown by contract.
Orders must be received belore the Ist of
April to insure attention. Address
A. IIARSUBARGER,
feblS McVeytown, Mifflin Co., Pa.
THURSDAY, MARCH 25, 1858.
ifiui aassTOi.
[From the New York Musical Review ]
SABBATH MORNING.
'Tis SabbatU morn ; how calm and bri.-ht!
The labor of the week IVCone;
"Sweet day of rest,"' with j.uro ilelUlit,
I welcome now the rising sun.
How pure this morning's early breath!
Larth seeiueth conscious of the day,
W hen Jesus " burst the bars of ileath,"
And soared to fairer worlds away.
O, day of peace! while thy dear hours,
\\ ith blessings freighted, wing away,
O, may our soul.-, with strengthened powers,
Rejoice to own a Savior's sw ay.
This day may prayer and praise ascend
From all beneath the azure dome.
To him who Is the sinner's Friend,
Who hath prepared for all a home.
SABBATH EVENING.
bile, the sun's last rays are shining,
Tinging all with golden light.
And the day of rest declining
Fades into the peaceful night.
Father, let my restless spirit
Share the calm that reigns around;
May my soul sweet peace inherit,
Such as in thy Son is found.
May this Sabbath evening's quiet
Reign forever in my heart;
And tiie fountains which supply it.
May religion's self impart.
Rut above all blessings, Father!
May a child-like trust be mine,
Then, tfco* slorms of sorrow gather,
1 repose on aid divine.
ummmm:
THE DRUNKARD'S CURE.
The hoiiKcopathists say "like cures like."
It may be su occasionally. At any rate,
doctors cure drunkenness in the military
hospitals of Prussia by means of brandy-
Earl Finder was a liliciuland subject of
his majesty of Prussia ; and Earl, like many
others I could mentoin in Khemiand, as well
as out of it, got drunk very often. He
drank of the best when lie could get it,
and whenever he couldn't he drank what
ever he could get. Earl Elader wasn't very
particular about his drinking, if only there
was alcohol iu what he drank, and he could
got drunk upon it. \Y ater was his aver
sion, except when used in his watering pot;
for Karl was a market gardener.
' I don't know what water is good for,'
Earl would often exclaim, 'except for my
cabbages. lie was destined to know bet
ter one day. Karl wa> an industrious man
when he wasn't drunk, which was far of
tenor than lie was industrious; and so,you
see, there couldn't be much said in favor
of his industry, upon the whole. Earl
was natujally a good-liearted fellow. Even
drunkenness had not been able to make
him quite dead to shame. He resolved
once to do without strong drinks. He
kept his resolve; but he was ill. He re
s'lved a second time; and again kept it;
but he hadn't any money. So you see the
way Earl l'laderkejit his two resolves wasn't
very meritorious on the whole.
• Suppose you could have whatever you
might wish for, what icould you wish for?'
said Franz Mulier to Earl one day.
' Rhein-wein and schuaps.'
' And if you could get as much brandy
schnaps as you liked, would you ever get
tired of it?'
' i think not,' said Earl.
Earl Flader, to whom the words Rhein
wein and brandy schnaps were suggestive
began to feel as if he wanted some. So
fumbling in his packets, one after the oth
er, and being a little rich that day, he threw
out a thaler, and patting his companion on
the shoulder, said, 'come my fine fellow,
let's have a glass.'
Rut Franz made wry faces, and shook
his head.
'Zounds! what is this, Franz?' said
Earl ; 'you would once drink like the best
of us.'
' That's when T bought it myself,' said
lie; 'and could only get it by paying.'
' You're a fanny fellow,' said Earl; but
T like to be obliging. Here pay for me, if
you like; but schnaps I must and will have.
I can't do without it.'
Franz had't any money, which ended the
matter; hut if his pockets had been full of
mouey the result would have been the
same.
' Stop, my friend,' said Earl, ' until next
month when your time of soldiering comes,
then you'll have as much as you like to
drink, for nothing—perhaps even more.'
' Long live the king, then !' said Earl; 'I
didn't know he was so liberal.'
'Then you don't know anything about
his majesty,' answered Franz; 'but tattoo
beats, I must away. Adieu.'
' Adieu, Franz.'
Now it was as Franz said; the time had
almost come for Earl to serve as a soldier,
and what Franz had said about the King of
Prussia's liberality warmed Earl's heart to
such a degree that living on anticipation,
he did a thing he did not think he could
have done—went home, and to bed, with
out schnaps, though he had a thaler in his
pocket.
A month soon passes over the heads of
all of us, and tn Earl Flader it seemed to
pass more rapidly than it does to you and
me, because he got drunk almost daily,
whereas you and I don't get drunk at all,
which things all put together come to this
—that every momentt of drunkenness is a
I moment stolen from the drunkard's life. —
The day came, at length, when Earl must
doff his gardener's clothes, put on his sol
dier's attire, learn goose step, handle—not
Brown Bess, nor the Mitiie—but the nee
dle gun ; for, of late years, the needle, has
other besides tailoring work to do in Prus
sia. Tailors' needles make hole's through
mens continuations, but the needles of nee
dle guns help to make holes through men
—that is the difference.
Earl was awkward at first —all recruits
are. lie stooped, he stumbled, he didn't
turn out his toes. Buttle drill sergeant is
everywhere a smart fellow; he soon licks
awkward recruits into shape; and smartest
among the smart is the drill-sergeant of
Prussia. Earl not only pleased himself in
the end, but also pleased his betters. ' I
deserve something to drink; I wonder if"
they will give me some !' but nothing of
that sort was forthcoming.
' I thought you told me a man had nice
things given him to drink in this place ?'
said Earl to Franz one day.
1 How can you expect them to give you
any until they know you are fond of them ?'
'By the great Fritz, I'il show them I
am ; this very night I'll show them!' said
Earl drawing a thaler from his pocket.—
He chucked the thaler up in the air and
caught it in the palm of his hand as it
came down again. 1 There my pretty little
fellow, said he to the silver coin, 'look me
full in the face once more, fur by all that's
good to drink in Rheinland, you and I arc
soon to part company.'
It was rare fir Earl to make a resolve
and not hold to it in such manner as this.
So he went away to the nearest bibbing
place, and bibbed and sipped, and bibbed
again, until something got into the place
where brains alone should he. F!arl was a
soldier now, and knew what he might ex
pect if he got to the barracks too late. So
when tattoo beat, he ran and fell, then got
up and ran again—all of which made him
still more drunk than he was before. He
arrived at the barracks a little too late, and
was duly reported for the same. If he
had not been reported, the falling would
have told a tale. He was all over mud,
and the King of Prussia doesn't allow his
soldiers to make themselves muddy for
nothing.
Earl went to bed; and in the morning
when he awoke, lie began to reflect what
the consequences of his indiscretion might
be.
' Shall I have to ride the sharp-backed
horse?' said lie to Franz.
' By no means, my friend ; on the con
trary, having shown what your likings are,
you will have brandy schnaps to your heart's
content, and all for nothing.'
• You don't say so ?'
' 1 do though.'
Before we acquaint the reader with what
next took place, we must describe to him
what sort of an animal is the sharp
backed horse. Be it known, then, that the
eat-'o-nine-tuils is unknown in Prussia—
but there are punishments just as bad.—
One consists in riding astride on a sharp,
ridge-like piece of timber, which causes
great agony. If you wish to gain a notion
ot it, seat yourself astride upon a triangu
lar park paling, and .-tay there until your
lesson is complete.
Whilst Franz and Earl were in conver
sation, Dr. Krauss, the military surgeon,
arrived, accompanied by the corporal.
' We are a going to place you in the hos
pital,' said Dr. Krauss; 'your ease is des
perate.'
MIII the hospital,' thought Earl, 'why I
was never better.'
Dr. Krauss, however, knew best about
that.
' You like strong drink ?' said the doc
tor.
Karl meditated, and scratched his ear;
but the case was so mysterious that he
made no reply.
' Answer me, my man ; nobody means to
hurt you. You like brandy ':"
Earl pleaded guilty to the delicate im
putation.
'Gome with ine, then.'
'Ho the doctor put Earl .nto a room oi
the military hospital, all alone;and saying,
' You will be well attended to,' he turned
slowly away, locking the door behind him.
Flail wondered what they were going to
do with him, and what would come next,
lie did not wonder long; for the door open
ed, and in came an orderly with breakfast
rations. Mark you what they consisted of
—a basin of stirabout, and a loaf of bread!
The warder having placed these things on
the table, asked Earl if his appetite was
good.
' Not particularly.'
' But taste,' said the warder.
Flail tasted the stirabout; it was strong
of brandy.
' Delicious!' exclaimed he.
' And the bread' —it was soaked in bran
dy!
' Delightful!' exclaimed Earl. He
thought lie hud never made so hearty a
breakfast in all his life.
' You like it,' said the orderly.
' I should think so!' answered Earl.
' If/ said the orderly, 'you like to drink,
I will send you something.'
' What ?' demanded Flarl.
' Brandy ?'
Flarl could hardly reconcile himself to
the belief that he had fallen so much in
luck's way. 1 1 know why it is,' said he
to himself; 'his Majesty, the King, God
bless him, likes his champaigne, and likes
his schnaps, and he likes his men to do as
he does. Let me have some brandy at
once,' said Earl.
'i he orderly disappeared, and presently
! returned, bringing with him an enormous
| bottle of brandy, and a large horn.
' If you get drunk, a glass might break,'
said he addressing Earl. 'This horn can
not break. Drink and enjoy yourself.'
Deep were the potations Earl made that
day. Though quite alone, he could not
restrain his emotion ; he stood up, placed
himself in theatrical attitudes, and toasted
good King Frederick Willianqso often and
so heartily, that before dinner time came
he was drunk and floored. On the floor
accordingly the orderly found him when he
made his next rounds. Karl ate no dinner
that day, nor supper either; but when
morning arrived, the effects of his debauch
ery had worn off to such an extent that he
was ready for breakfast, composed, us on
the day before, of stirabout and a loaf of
bread, each seasoned with brandy. Earl
partook of this breakfast heartily; but he
nevertheless left some untouched, whkh
was not the case the morning before.
' I fancy it is almost too rich,' thought
Earl.
Though the brandy bottle was rcplenish
ished, and near him, Earl, for some reason
or other, partook of the contents so mod
erately, that neither did lie get drunk, as
before, nor was his appetite spoiled for
dinner.
I'p came the orderly with dinner in due
time. J tinner as follows:
Soup seasoned with brandy.
Cabbage " " "
Potatoes " " "
Boiled meat " "
Bread
' I'm much obliged,' said Earl to the or-
dcrly, as he smelt the brandy fumes escap
ing from his eatables. '1 am much oblig
ed for the doctor's kindness, but this, you
sec, is rather too rich to go on upon. I'll
take my victuals to-day without the brandy,
and drink the water afterwards.'
' We don't keep such victuals,' replied
theorderly. ' The doctor knows what's best
for you to cat, man—you'll like it in time '
So Earl ate his victuals, and lie thought
they were not so bad after all.
' If you please,' said Karl, when he had
eaten all be could, ' I should like a little
water —just a little.'
' We don't keep such a thing,' said the
orderly.
' No water?'
' None.'
'Then could 1 l ave some IranJy-and
water ? asked Karl.
' Yes, i'il bring some mixed in the pro
portion the doctor thinks right.'
' Please, 1 would rather mix for myself.'
' You can't do that; the doctor won't let
you touch water.'
' Water isn't such a bad thing in its place
after all., thought Earl; for bv this time
his inner man waxed uncomfortably hot.
and his blood rushed to and fro, as if it
was forced by a hand pump.
Supper —Stirabout and brandy.
Breakfast —Brandy and stirabout.
Dinner—Soup with brandy; cabbage
idem', meat idtm- y bread /'• m ; potatoes
idem ; brandy, brandy ! everything they
gave poor Earl to eat and drink steamed
and smelt of brandy.
' For heaven's sake, let me have a draught
of water,' said lie, when dinner time on the
third day came; 'just one draught of water.'
' No, not a drop.'
' But I shall die—l am on lire—l burn!'
roared Earl; 'give me water —water!'
' No, drink your brandy and-water.'
1 1 can't —T won't!'
' Well, then, go without.'
Dr. Krausscame on the third day. He
felt Earl's pulse, and looked at his tongue,
and asked him if he felt better.
' Bettter !' exclaimed lie, ' I am dying by
inohes! Give me water! one draught of
water! Let me out —beat me—put me on
the sharp-backed horse— shoot me roared
he, 'but don't murder me like tills !'
' Why, don't you like brandy?' said the
doctor, with a grin so malicious that it
might have sat on the face of Mephisto
pholes, without disparagement to his tiend
ishness.
' Like it ? I'll never taste a drop again.'
' Yes, you will,' said thb doctor; 'you'll
take it for exactly seven days more.' He
did ; and Earl could never look alcohol in
the face afterwards.
And this, reader, is not quite a fiction;
for in this way thev cure drunkards iu the
military hospital of Prussia.
Singular Proof of Attachment. —A few
days ago, a woman, who cohabited with a
man, cut off his fore finger while he was
asleep. She placed the finger upon a stone,
and applying the knife, struck it with an
other stone, severing the linger, which on
ly hung by a piece of skin. The man sub
sequently received surgical treatment at the
North Dispensary, but is maimed for life.
It apears that the man threatened to enlist
in the army, and the woman, from the
strong affection she entertained for him,
commited the act in order that ho might
not carry out his intention, which would re
sult in their separation.— Liverpool Mer
cury.
B@uCharity is a rare jewel.
New Series—Vol. n -
No. 25.
IA ABII.ITY K AH,KOAliAv>ogrefr ———
I!Y TO PASSION*. Ifi ar >efti
EUGENE SULLIVAN VS. THE F
READING R. K. *" ' [j* ,
Negligence—Obligation of
of Passengers—Evidence—Fencin'y. . *U CO3"
This case came up on a writ of by costs
Common Pleas of Chester eiuflUP*- . fiyjl Ln.
opinion of the court was delivered
WOODVTARD, J.—AV lien a railroad company
undertakes the transportation of a passenger
for an agreed price, the contract includes
; many things. On the part of the passenger,
Ins consent is implied to all the company's
reasonable rules anil regulations, fer entering,
occupying, and leaving their cars ; and if in
jury befal him by reason of his disregard of
regulations which are necessary to the con
: tract of the business, the company are not
liable in damages, even though the negligence
of their servants concurred with his own
negligence in causing the mischief.
On the part of the company, the contract)
implied that they are provided with a safe
i and sufficient railroad to the point indicated
that their cars are staunch and roadworthy ;
; that means have been taken beforehand to
! guard against every apparent danger that
may beset the passenger; and that the ser
, vants in charge are tried, sober, competent
i men. When, in peiforming this contract,
! they hurt a passenger without a fault of his,
the law raises prima facie a presumption of
negligence, and throws on the company the
onus of showing it did not exist. This may
' be shown, and the legal presumption repelled,
i by proving that the injury resulted from in
evitable accident, or as it is commonly caWed,
j the act of God, or that it was caused by some;
thing against which no human foresight and
prudence could provide. What these can do.
| for the safety of the passenger, the law re
; quires the transporting company to do.
But as presumptions of law are always for
the court to pronounce, so are the repelling
circumstances relied on for thejury. The le
gal presumption, which is only an inference
from general experience, remains of force un
til a countervailing presumption of fact is es
tablished ; and as this is a conclusion drawn
from particular circumstances, it is for thejury
to consider these circumstances, and todetei--
mine what is the reasonable deduction.
Y'et the court below not only failed to pre
sume negligence from the fact uf injury, but
instructed the jury that if they believed the
testimony in the cause, there was no negli
gence on the part of the defendant or its
agents.
Again, even more pointedly, the learned
judge said, "no proof of negligence has been
exhibited against the agents and engineer,
which would authorize me to submit it to the.
consideration of the jury." This was with
drawing from the jury a case that ought to
have been submitted, with very different in
structions. The plaintiff' was in no fault :he
; had taken his seat within the car, and in all
respects had demeaned himself as an orderly
passenger. Yet he was injured by the over
i throw of the car in which he was seated,
i Ilere was a broach of the company's con
: tract, and litre was what has several times.
! been said by this court, to be evidence of the
: company's neglect; 8 Barr, 483, 12 H. 469.
1 Then if the court thought there was evidence
which was calculated fo repel this prima facie
! presumption of negligence, they should have
j submitted it to thejury.
Whether that spot in the road was not eo
| commonly infested with cows as to require a
fence or cattle guard of some sort; whether
I the speed of the cars was not too great for a
curve, exposed at all times to the incursions
of cattle: whether the engineer discover
-1 td the cow as soon as he might, and used his.
best endeavors to avert a collision—iu a word
whether the accident was such as no foresight
! on the part of the company or its servants
: could have prevented ; these were questions,
I and grave ones, too, that ought to have been
| submitted to thejury.
The learned judge after stating correctly,
the extreme care and vigilance which the law
exacts of railroad companies, asks if they
are required to provide suitable fences and
guards to keep cattle off the n id ? In
answering his question in the negative, tho
judge seems to have misapplied the reason.-,
big of -Judge Gibson in Skinner's case, 7 11.
298. That was an action by the owner of a
cow killed on a railroad, to recover her value
from the company; and the doctrine laid
down, was that the owner was a wrong doer,
iu suffering his cow to wander on a road en
gaged in transporting passengers, and was rath
er liable for damages, than entitled to recover
them. The owner of the cow could not in
sist that the company should fence their road
for the protection of his stock. It was his
business to keep his cattle within his own
bounds. Now, such reasoning between a
railway company and a trespasser, commends
itself to every man's understanding, because
it tends to the security of the passenger. If
fanners cannot make companies pay for in
juring cattle, but they involve themselves in
liability for suffering their cattle to run at
large, passengers arc all the mure secure from
this kind of obstruction.
But when, notwithstanding the strong mo
tive for keeping cattle off' the road, a cow is
found there, and causes an injury to a pas
senger whom the company have undertaken
to earry safely, is it an answer to the passen
ger suing for damages, that tho owner of the
| cow had lib right to let her run at large ?
j Grant that she was unlawfully at large, and
| grant that tho owner is bound to indemnify
the company for the mischief she caused, yet
as between the company and its passenger, li
i ability is to be measured by the terms of
their contract.
Having undertaken to carry safely, and
i holding themselves out to the world as able
to do so, they are not to suffer cows to en
danger the lite of the passenger, any more
than a defective rail or axle. WJietber the*
maintain an armed police at cross roads as is
done by similar companies in Europe ; or
fence, or place cattle-guards within the bed of
their road, or by other contrivance, exclude
this risk, is for themselves to consider and
determine. We do not say they are bound
to do the one or the other, but if, by soaao
means, they de not exclude the risk, they aro
bound to respond in damages when injury ac
crues.
Perhaps tho passenger would have remedy