April 28, 1864 (4 pages)

5 Sia nt er aeaty eet ee . foal ae ipaenaa comes jpmee ss i # b j . i _they have failed in the past, Can you stop . * 4 ti, Sabpaninghmnsiea y =~ LE RTE IE LE OERLLED ILLINOIS LESS EE A OBA a Mite al. Amunica.Have you east your]. eyes upon a recent, map of the United States lately? Yre? : Well, you noticed ‘that one half, the astern balfuf Unele Sam's domio-. fous, ts divided into States which in turn are checked inte counties, and the whole of that ~Lastern half shows that it is the hive of the American population, while the Westeroball looks -on_thesmap like 1 place forthe swarms, One bulf our territory yet remains. comparatively unsettled. Ic isan immense. area for freedom, order and law, for the spread-ofs loyal, ancorquerable race. And that “whole territory, extending from® the Pacific to the greater family of States, and from the British Possessions to Mexico, is ohe vast mineral field wherein is fonnd every variety of metal and mineral that the cultivated wants and tastes of cisilized man-~ require, It iss region of untold wealth — Frou: ite matrices are to be brought forth the metals to enrich the world, But, did it ever occur to you how many strong enough at that pint even if wed A. B. veWKi ne. Phiati¢. CAL. STAGE CO. Defendante. nana = ee Thie action is brought to recover) damages fur injuries cnuséd by an accident to s tage coach. A jury was waived by the perties, and the cause wae, heretofore, sub-_ mitted to the Court. Itiea ease of considerable importande, and bas been afgved an both aides with a degree of ability and research not olten equaled, I shall not attempt to allude to many of the points unde in the elaborate briefs of counsel, or to comment at lirge upon the reasoning employed to establish the various positions therein taken, but will confice_myself,mainly—to-a mere statement ot the conclusinna at whieh { have arrived. From the evidence, I find the facts to be as folliwa: “The defendant, a corporstion, isa commoan carrier of passengers by stage coach, over various Foutes Wi California, > aid, wmonr . others, over that from Nevada City to the town of Lineulu, in Placer county, On the 24th of October, 1962, the plaintiff took pasmillions of miners willbe required to develop all this hidden wealfi.? —-Andhave we asked ourtelves where they are to ceine from, and when will ull thie boundless region be filled? Have we counted the result upun our own Golden State? : “While such a field is open to enterprize and exploration, and when auch splendid allurements are spread. before the young and atnbitious, we cannot expect to retain —s¢lves—louge—fram every tie that binds them toa country, Where fortune has been capric~ tows, and fly to the wastes where virgitveins of ‘inetal shall woo them. Nothing can attach men to our mines when—enormous . bounties are held up by other regions ne a reward for desertion. All arts will fail as these crowded stages that come and ‘go — beford Gur eyewdnityt And what shall pre= vent the thousands from pouring out of Ban Francisco on steamers lor Oregon and the Boise mines or for Mexico! Nothing, we —~—stispect; tilt the-impres#ion-is-settled—dews upon that California is fist as good a country . <= =———to fret and worry in for the aequisition of gold, and to lay ones bones in, aa any desert alkali or sage-brush region on the continent. We have to bide our time. The tide of population, propelled with foree* from the East, rebounds backwards from the Pacific, and California is experiencing the ‘reflex action. She may have to wait long before the tidal current of emigration will eet again in this direction, but if we who remain are but true to ourselves, and act well our part, we need not be ashamed of our. State when . . ~ brought into comparison “with any part ot mineral America. Here are homes, comfort, and the advantages of culture. Here are beautiful ehies und a bounteous earth. Whit more should a rational being care for? Let others toil and sweat, live like doga, and wear their lives out for the sake of dying rich—the man who is content with enough, ie wieer and happier than the lord of a million. bricks of silver, or proprietor at a thouannd feet in the famous Nixcomeroas lead including all its dips. and angles. That's the way we put it up for our sensible readers. ; aes un Decision. —Judge McFarland made a decision yesterday in the District Court on thy following point. Some time ago ene Denniaon made a bet with: Watt of one thousand dollars on a side, that a horse in his posses: aion could beat a horse of Watt's ina race: Five hundred dollars was pug up on exch side as a forfeit. Before the day: of racing, Tradale; who owned the horse Denniaon bet ov, took the animal away from Deuntson; and Dennison sent word to the etake holder, GR. Lancaster, that be could pay over the money to Watt, as the race would not come off. Meanwhile the money had been sttached in the-hands of Lancaster by Tisdale on a debt against: Dennison. Watt elsimed the money, -and the question before the Court wae as to whether the money was Dennieon’s or Watt's. Th it wae Dennison’s the attaching creditor could get it. The _ Court bel that bets on horse races were legal contracts at common law, and under the decisione in this State, election. and guimbling bets. the former being against public policy-and the latter prohibi_° ted by statute, Th the absence of any atatute against horse racing, and the common law being the rule of decision in this State, the bet was a legal Contract —the money could pet be withdrawn by Dennikon cons trary to theeferms of the-bet, and the forfeit vested the ownership of the money in Watt. Veide seat with the driver. When about two front = aber ten inches from the wheel, letting down the body ofthe coach, and throwing the plaintef . It differed trow . sage, With defendant frm Nevada to Lins coln onthe couch known as “No 27," and usually employed by delendant for making that journey. Plaintiff. pnid bis fare in nds vance, and, at hivown request, took an out: . niles of the joartey had been completed, and while the tesm was going at a “slow trot,” and the caach had not ceine inte con tact with anything untieasl on the road, the . séienedsand experience bave ratablished for Fhe ted nearly thréggh the froa part livided the clip did vot break, I find, such ealeulstions—that the axle, af the point required for safety. ~ are irs There was some conflict of testimony as to. whether or not there wes an old flaw, or crack, at the place where the axle broke. . Three witnesses swore that there was, and two that there was not. One of the latter was @ blacksmith and swore that he took the axleto bis shop, washed the dirt from it; wae new and bright throughout, exbibiting no evidence of a flaw. I think, however, that the weight of evidence on this poitt is with the plaintiff. I goticed the evidence very particularly, because at the forwer trial be~ fore the jury, no evidewce was offered by plaintiff tending to show a flaw. The flaw ran beross one of the lower cotnera of the axle, and wae about about balf an, inch long— that is to any, the mterior line of the flaw from the battom ‘te the-side of the axIn, was half an ineh long. It eould not have been seen under ony circumatances without removing the elip. The “witness, Venard, enya that the crack waa very close, and e.mild not, in his opinion, have Feenveen if the-clip had been removed: but he thinks that it might. possibly hare been discovered _by_ueing the point of a knife blade, Coaches like the one in question are used by defendant during the dry season only. — In the winter they are all taken to Marys ville and “gu through the shop.” That is, they are taken entirely to pieces, and every Epartearetatty examined; md repaired if nes againat a bank, by which he was eeriously injired. Severstofchis bones were broken, his foot wae badly crushed, and he Feceived slighter injuries on other parte of His person, The. driver waa not guilty of any misconduct, nor waa soy charged to him. He did’ all "The-eeach was of the largest and strongeat size —tmanufnetured.——“Fhe iton-part—of¢the axle was 24 inchea-square atthe shouljder, tapering slightly towards the centre, — At the point of breakage it was 24 4 2 ineh es. This ig nelarge as conch axles are ever made; and that size ie used for 24 and 27 passenger couches, The evach in question wae made to set 17 p esengers, and a month or two befere tue weeident, bad carried 22 praaengers with heavy bagyege. At the time of the accident there were about 7 passengers on the coach. The coach was purchased of cuach makera having the very beat reputation, and the axle whee made of Uleter iron, which ja the beat iron, that can be procured for that purpose. z At the point where the axle broke there wae a hola through it about of an inch in diameter, and the brenk waa through the hole. A lew years ago the wooden and iron parte Of axles were fastened together by wmeane of bulte, and the hole in-queation was originally inade for that purpose. Recently, however, clips, enclosing both the wood aad the iron have been “substituted in place of bolts running through both, In the present case, the de'endant had removed the bolt, plugged up the hole with iron, and placed wrouml the aslo a heavy iron clip, or clasp, fastened at the bottom by rerewe aud nutes. The chp wa not ‘broken at the time of the accident, and was af heavy on each side of the axle aathe belthead been, ‘The axle was much stronger than it hid been before, when the bolt wasin, and there was ue clip. ‘The wai reason for making thia changeowaae bes cause the chip, surrounding the whole axle, were. perfagtly upites the etreagth of the wood with that of the iron, and alao, because it affords a convenient method of attaching’ braces from the hounds, When seach aclip ean be -used,.it isof course; Uhiecessary ¢) have a hole in the axle; but in the bind axly the bole aud bolt are still used from ne. cessity. ‘Tho axte wae originally made safe ficiently largy and strong to adautof the waking of such ‘holes—lhke the-@ne in ques tions shoukd be necessary iv the construction ol. the coseh> The point in tiie axle at which the break. jected compari tly. to much strain, Tt is af extraordinary occurrence for av axie to break at that point. They usually break— when they do brenk—at the shoulder; and the next> place moat liable to reak is the centre where the King belt goes through. A number ofexperienced witnesses testified that they had never known of aa axle break~ uch ® place; and one of them—« civil engkeer—said that he would consider That the iinet” akititat and printent iver) could have done under the circumatances. cvasary, by a ekilitul and experienced ecsche . amith.Coseh “Nu. 27"' hid gone through that process the previous winter, and aftere had been only sbeut three inontha before the accident. While it was on the road it was carelully examined every night before starting from Nevada by a come petent blacksmith employed by defendant wards used juries. to the persons of their ers, “pre Ti for the want of gh fare ana dil is charseterist@: of @autious «” There i#'no d. ube buts t, when (lites and safety of hump beings gre concerned, more precaution is in order to Oustitute the “greatest cafe,” +than-in-cases where the. conseqiences of orgthe question is. was there that degree of care which the most cautious prrsous woud have exercised uuder like circumaténces, and with the same burthen of ree po. sibility? Now, in the case #t bar it is established. beyond eavil. that the axle, so far as human foresight and judgment could determine, was sufficiently strong. with the hole init. And the most prudent. man in the community, with a full knewl-dge of the subject, would . not bate been afraid te riek it—uniees he be. longed to that exceptional clase of persons in When the virtue of caution has degenerated inte the vice of cowardice. But it ie contended that defendant is guilty of carelessness because the flaw was not that the accideut-was caused by. the flaw, and, think it is very apparent tbat it was net. The flaw was very slight, aod I think & Competent judge would have provounced the axle abundantly etrovg if he bad kuowo of ite existenee and extent. And defendant, cven if careless in this regard, is certainly not liable for carelessness which had nothing to de with the wceident. : In the secund place, the defect could not have been-discovered without removdery the clip; and defendant was not careless br cause it was pot removed. The virtue of the clip depended upon its being nicely .edjusted. to the axle; and its frequent removal “would have tended to insecurity rather than to safety. And if thia particular clip should have been removed, then so should ail ihe others ; and if all the wthers;then the whole coach sivuld have been ken entirely w pieces every day, #0 that every minute part of it could be closely examined: Would the most cautious man have dove this! Is such a daily examination practicable? Dues eny Hi eo ckanine hie private vehicles though . -been removed, T think the weight oi evi= denee ms that the flaw coud not bave been discovered. If a competent machinist, upon a-earetul examination for that particular purpose, could nut discover it after the axte had broken through Jt,, we. must conclude that be would not have found it upon the m st caretal_aud minute examioat.ou before it broke. ; From the foregoing view I conclude, finaldetected. In the first place, it is not shown . p, compounded so as to reach diree’ly the seat for that purpose. While making the trips it was sleoexaminedby the dever at every station, and at.the Lincoin eng of the route: [tinad& trips to and trom Lingala” on alters natedaya. But the Gbach wae not taken to pieevs inorder to minke such examination —Diteidant pant tie amicunt of the nures . and dector's title, amd-ofher eapensge neur red by plaintiff during bis confinement fen the injurtesceceived by the accident, amounting In all to about 81 20: Z As to the qatstiona of low arising in this case, Iisa Very cosy matter te stute gens erally the rule by which the lability of the defendant must be determined: A gommon carrier Of passengere—unlike &@ carrier of goods in this respect —is not responsible for injuries Caused by acgidents,.unlesa ‘he has been guilty of some féegligeree in the premie aa; but be as responsible it he has been guilty of any negligence, however slight.— The rule any be atated generally thus: he ia bound to exercian. the greatest eare; and ia lable for the slightest negligence. But What ia the true legal meaning of the terme “prentest care” and “shghtest negligenee ?'’ The whole drift of the argument made by plaintiffs counsel eeema to be to the effect thot the-enrrier is lible if the accident could possibly have been. prevented. But thie ia obvieusly @ strained, unreasonable consteuetion of the rule. The axle might certamly have been made strong enough to have avoided the possibility of ite breaking. In fact the whole conch—if it had been made with reference to strenzth alone—anighit hate been constructed of such massive was terial, and of such enormous power of resiaa precipice a huadred feet high without ins jury. But does any ene coutend that a Che riet is liable because he has not edoatructed . such w coach? It is plan! thatan deterwiti ing Whether Gr not the greatest eare has been exerciaed in any particularinstanee: we must keep within the ringe of practicability.~ We must consider the cireum-stances of the case, the use for which the evach ta designed. the purpose for which it ta thee the apeed intended, and fer which the proprietor contricts; and Whether or notib had that strength ia its ‘various parte which setence and experience hase snewn to: be necessiry fur-Batecy, ; ee , tice bio iiied ® A careful examination of the authorities Will show that there, is no well defined dietinetion between the meaning of the plirase “greatest care” as applied to carciers, And that given toitwitbreterence to other bai« leea of that cage ti division made by Sit Wiliam Jonea—who are also beld te the [highest degree of care and diligence — And the defindion usiversdily given te the term ia, in substance, “that degree of care which a very prudent man gives to Kis own concerns.” ~ Writers. on the general law of 4 “fgh care” and “extraordinary care” and “utinost care” as synoucineus. No matter what adjective is ewpioyed, the meamng is, tance, that it coat trive verntumbied over ‘ bat tneats suse tha phpiece “opeatecare ame ly, that the injuries frevived by plaintiff Were—the result of one of, these inevitable exeunities agaiuat which human foresight and -judgine: CT canpot guird; that deteudant was Hot gully of any negligence in the. premises; and that, tr eretoére, defendant should have judgment dismiss.ng the complaint, and for The Clerk will enter judgment aceording!y. ~ ‘Done ia epen Court, April 25th, 1864. Distnet Judge. —€entrat Pacific Railroad ~AND— ah AND AFTER MONDAY, April 25th, un til further notice, trains. will leave the foot of K STREET, SACRAMENTO, as follows : For Livcoln and Folsom, at..6.15 a. M. For Folsom, at... oceccecces 10.00 A. M. RETURNING, Leave Folsom at.. TTT eee 7.3 A.M. Leave’ Lincole a0. osscies cccscacs ose 10.45 A. M. LELAND STANFORD, President C_P. RB. R. CO. an? BLACKSMITH WANTED. A BLACKSMITH is wanted immediately— one who can do every kind of work Appiy to C. E. HUMPURIES, Broad street. Nevada, April 27th. UNION HOTE Main Street, Nevada,Messrs. Eaten. & Williamson, aod om the above New, El ant and Commodious Hotel. and rnished it jn the most costly maneT, are Bow prepared to recgive their triends and the public gener = ay, bey Rog can satisfy all whe may. favor them with their patronage. The Hotel contains faba ONE HUNDRED LIGHT AND AIRY ROOMS. NOT A DARK ONE IN THE HovsE, And ofa size mach larger than are usuaily found iu Hotels. The Parlors are furnished in a supertor. sty le. THE REDS ‘are supplied with the very best Spriny and Ilair Mattresses—tie linen clean and ofthe very best quality. THE TABLE wiil contain all that the market affords. ~ rHE BAR is fitted up in a style not by any house in the State, are-ofthe choicest kinds, THE BILLEARD ROOM is supplied with Phe. sng best Tables. pocket and earom. ,ersons travelimy to-.and frame Ee osibtame ALLS this House the most di ot — the route.’ To the travelers for leasure, we have only to say that the climéte of Nevada is not surpassed inany part of the State The Pacific Stage and Express Company's efflee is in the House,’and pxssengers by the Cali fornia Stage Co's coaches will be driven to the and Express offices are im the same-block, 4 . IRA A. EATON, SAAC WILLIAMSON, surpassed and all its coatents 1 Nevada, April 4th the greateat degree of care kuowan. to the law. And the greatest cegree of care known . to the law is that which « very careful maa ~-as distidguished frum men of slight,-er ers dinary carefulness—gites to his own affsire. I think the proper rule is thot lic’ down in the Caniden and Ambey R.R. Co, ve. Burke 13 Wead., in whieh the Court eay that ibe. proprieturs of pubhic cooteyances, as te to4 \ + Nevada Ice Company. ’ E weuld inform the citizens of N we are prepared to furnish” i ocuaruee Good Ice, A¢@ any and at all times ow the most reasonab]e __ TB. McFaauasp,— . . CALIFORNIA CENTRAL RAILROAD . + _ PELTON MELL, . terms. Orders lett at No. 5 C ial S will recrive Prat an ——— it le HALE & STONE. ee 2 * Nevada, Mirch Ist, 1864. paraite ‘& ‘Sewing Machine Co,” takes pleasure inan= = THUR nouncing to those in want, that he now lias such — arrangements with the General Agent for the ri The price ranges from $65 00 te $145 G0. ‘ a A specimen can be scen at my Fn 2 = 85 Main street. Jene For circulars or samples of sewing, apply te 7? We pu GEO. A. RANDALL, Agent. _ = At Weaver &Company’s store, No. 58 Broag (‘SO OF street. Nevada City, mi-tf_ ‘Co. A Sore ee. = “places, cold. — and similar troubles, if suffer-d to progress, reDis: sult in serious Pulmor ary, Bronchial and Asth8 matic affections oftentimes incurable. Chouso Brown's. Bronchial Troches lew ars of the disease and yive almost mstant relief. vusiting Agengs for California, KEDDINGTON & Co., towns . ._San_Francisco. et : Francis Fo Muarshal. ing on . STEVE. VENARD, vf San HMSUNEEs Limisel€ a6 & candidaic s for Marshal at the coming election. Sant , Nevada, April 4tb and wil GEORGE S. PIERCE, . _ vf thes Is a candidate fer the Uffice of = at the . CITY MARSHAL. We hop ; Ry casera . tance fe _Fer Marshal. he ates G. 8.8, GETCHELL, : I’ & candidate tor the effice of City Toys Marshal at the ensuing election. very lat . . riet NEW SPRING GOODS! pea @. from £ JACOB ROSENTHAL, . = Tae, =e % ““MART_OF FASHION !'’ ae ' ; ; 8v ‘No. 54 Broad Street, Nevada. 7 4 e’cloc N_entire new stock of Spring and Summer Place y Geode consisting im part.of Plain and Fancy Silks, Challis, De Beet Laines, Linen, White Goods, hiede Hosiery, Carpets, Oil Cloths, &e. pony th VERY LOW RATES! ren 3 1 am now receiving most of my Goods direct ‘boats, a from Néw York, and ean afford to sell them ae Cheaper than any other Dry Goods House in the : smount eity. The Laries of Nevada and the sarround“attack . selves. My prices are low and Goods will be the exp found as_represented —‘Thanktul-te my patrons : ped =e jor past favors I solicit a continnaice. : i JACOB ROSENTHAL. that the _ Nevada, April 234. ; Ss Rappah A. A. SARGENT, Chesap Attorney and Counsellor at Law. Mem ( tsa WECE—In Kidd's Building, eorner of. entire . road and Pine streeton Revels followe A. C. NILES, wo Attorney and Counséllor'at Law. Forrest ( FFICE—In Lewis’ Building, corner of se Broad and Pine atreets. Nevada . “cavalry J. I. CALDWELL, Fe eeels , Attorney and Counselor at Law, e : Office on-Brosd street. in Fite proof Buildings~ en opposite Speace’s Drag Store. -. of priso ee A pussess E. W. SMITH, ne Justice of the Peace, sas. G FFICE at the Old Place, on Broad = Street, a ; The « ” bera, LUMBER. LUMBER. LUMBER! 7 drings 1 ~ HH, SOUTHARD, hei iami Proprietor of the which + Plymou Two and a-half tiiiles dant of: Nevada city. The ra Manufecturer, Wholesale and Retail Dealer in North C Pine, Cedar and Spruce Lumber, know” : ow. FENCING jing iat Kepi constantly on hand. 7 ~ Seppose “Orders left at the MiH, oF with J. 8: Jehnatoa bap zabty at Weaver & Co’s wiil be promptly snd Sunfly ‘ Rein! attended to. ap? fm ® Gen, P Spenceville House, * tack on a” haar take tis method of informing reach tt vee, Che public tnat he has opened a Hote wu Spencerville, 20 miles Pr savene a rebel ca coud the oe road, where he is prewater a ’ accommedate an . . with. Board and Lodgin % nwo ot Ma cag much . i ished with new Beds and everything comfortaa rebel: ble for travilers. Parvies desiring to make a : Pleasant rtp would do well to visit this secnen =. intends ne county. kh. CrP ; + ee 2 Spencevillc; Mareh 31° i TURE eae with the ~~ x It iss CHAUVEL HOUSE. dces not Virginia City..Newada Territery. the bar No. 12 North C, Street. } rebel pr Adjuining the Medan Building, waneere The § seat : to ree FIRST CLASS_ 000 rene Motel and Restaurant! days. Open all night. rlegantly furnished Rooms The p FOR FAMILIES. Northw 0. V. Chauvel, Prop’r. thousan Virginia, April 13th—tf stance a

5 Sia nt er aeaty eet ee . foal ae ipaenaa comes jpmee ss i # b j . i _they have failed in the past, Can you stop . * 4 ti, Sabpaninghmnsiea y =~ LE RTE IE LE OERLLED ILLINOIS LESS EE A OBA a Mite al. Amunica.Have you east your]. eyes upon a recent, map of the United States lately? Yre? : Well, you noticed ‘that one half, the astern balfuf Unele Sam's domio-. fous, ts divided into States which in turn are checked inte counties, and the whole of that ~Lastern half shows that it is the hive of the American population, while the Westeroball looks -on_thesmap like 1 place forthe swarms, One bulf our territory yet remains. comparatively unsettled. Ic isan immense. area for freedom, order and law, for the spread-ofs loyal, ancorquerable race. And that “whole territory, extending from® the Pacific to the greater family of States, and from the British Possessions to Mexico, is ohe vast mineral field wherein is fonnd every variety of metal and mineral that the cultivated wants and tastes of cisilized man-~ require, It iss region of untold wealth — Frou: ite matrices are to be brought forth the metals to enrich the world, But, did it ever occur to you how many strong enough at that pint even if wed A. B. veWKi ne. Phiati¢. CAL. STAGE CO. Defendante. nana = ee Thie action is brought to recover) damages fur injuries cnuséd by an accident to s tage coach. A jury was waived by the perties, and the cause wae, heretofore, sub-_ mitted to the Court. Itiea ease of considerable importande, and bas been afgved an both aides with a degree of ability and research not olten equaled, I shall not attempt to allude to many of the points unde in the elaborate briefs of counsel, or to comment at lirge upon the reasoning employed to establish the various positions therein taken, but will confice_myself,mainly—to-a mere statement ot the conclusinna at whieh { have arrived. From the evidence, I find the facts to be as folliwa: “The defendant, a corporstion, isa commoan carrier of passengers by stage coach, over various Foutes Wi California, > aid, wmonr . others, over that from Nevada City to the town of Lineulu, in Placer county, On the 24th of October, 1962, the plaintiff took pasmillions of miners willbe required to develop all this hidden wealfi.? —-Andhave we asked ourtelves where they are to ceine from, and when will ull thie boundless region be filled? Have we counted the result upun our own Golden State? : “While such a field is open to enterprize and exploration, and when auch splendid allurements are spread. before the young and atnbitious, we cannot expect to retain —s¢lves—louge—fram every tie that binds them toa country, Where fortune has been capric~ tows, and fly to the wastes where virgitveins of ‘inetal shall woo them. Nothing can attach men to our mines when—enormous . bounties are held up by other regions ne a reward for desertion. All arts will fail as these crowded stages that come and ‘go — beford Gur eyewdnityt And what shall pre= vent the thousands from pouring out of Ban Francisco on steamers lor Oregon and the Boise mines or for Mexico! Nothing, we —~—stispect; tilt the-impres#ion-is-settled—dews upon that California is fist as good a country . <= =———to fret and worry in for the aequisition of gold, and to lay ones bones in, aa any desert alkali or sage-brush region on the continent. We have to bide our time. The tide of population, propelled with foree* from the East, rebounds backwards from the Pacific, and California is experiencing the ‘reflex action. She may have to wait long before the tidal current of emigration will eet again in this direction, but if we who remain are but true to ourselves, and act well our part, we need not be ashamed of our. State when . . ~ brought into comparison “with any part ot mineral America. Here are homes, comfort, and the advantages of culture. Here are beautiful ehies und a bounteous earth. Whit more should a rational being care for? Let others toil and sweat, live like doga, and wear their lives out for the sake of dying rich—the man who is content with enough, ie wieer and happier than the lord of a million. bricks of silver, or proprietor at a thouannd feet in the famous Nixcomeroas lead including all its dips. and angles. That's the way we put it up for our sensible readers. ; aes un Decision. —Judge McFarland made a decision yesterday in the District Court on thy following point. Some time ago ene Denniaon made a bet with: Watt of one thousand dollars on a side, that a horse in his posses: aion could beat a horse of Watt's ina race: Five hundred dollars was pug up on exch side as a forfeit. Before the day: of racing, Tradale; who owned the horse Denniaon bet ov, took the animal away from Deuntson; and Dennison sent word to the etake holder, GR. Lancaster, that be could pay over the money to Watt, as the race would not come off. Meanwhile the money had been sttached in the-hands of Lancaster by Tisdale on a debt against: Dennison. Watt elsimed the money, -and the question before the Court wae as to whether the money was Dennieon’s or Watt's. Th it wae Dennison’s the attaching creditor could get it. The _ Court bel that bets on horse races were legal contracts at common law, and under the decisione in this State, election. and guimbling bets. the former being against public policy-and the latter prohibi_° ted by statute, Th the absence of any atatute against horse racing, and the common law being the rule of decision in this State, the bet was a legal Contract —the money could pet be withdrawn by Dennikon cons trary to theeferms of the-bet, and the forfeit vested the ownership of the money in Watt. Veide seat with the driver. When about two front = aber ten inches from the wheel, letting down the body ofthe coach, and throwing the plaintef . It differed trow . sage, With defendant frm Nevada to Lins coln onthe couch known as “No 27," and usually employed by delendant for making that journey. Plaintiff.. pnid bis fare in nds vance, and, at hivown request, took an out: . niles of the joartey had been completed, and while the tesm was going at a “slow trot,” and the caach had not ceine inte con tact with anything untieasl on the road, the . séienedsand experience bave ratablished for Fhe ted nearly thréggh the froa part livided the clip did vot break, I find, such ealeulstions—that the axle, af the point required for safety. ~ are irs There was some conflict of testimony as to. whether or not there wes an old flaw, or crack, at the place where the axle broke. . Three witnesses swore that there was, and two that there was not. One of the latter was @ blacksmith and swore that he took the axleto bis shop, washed the dirt from it; wae new and bright throughout, exbibiting no evidence of a flaw. I think, however, that the weight of evidence on this poitt is with the plaintiff. I goticed the evidence very particularly, because at the forwer trial be~ fore the jury, no evidewce was offered by plaintiff tending to show a flaw. The flaw ran beross one of the lower cotnera of the axle, and wae about about balf an, inch long— that is to any, the mterior line of the flaw from the battom ‘te the-side of the axIn, was half an ineh long. It eould not have been seen under ony circumatances without removing the elip. The “witness, Venard, enya that the crack waa very close, and e.mild not, in his opinion, have Feenveen if the-clip had been removed: but he thinks that it might. possibly hare been discovered _by_ueing the point of a knife blade, Coaches like the one in question are used by defendant during the dry season only. — In the winter they are all taken to Marys ville and “gu through the shop.” That is, they are taken entirely to pieces, and every Epartearetatty examined; md repaired if nes againat a bank, by which he was eeriously injired. Severstofchis bones were broken, his foot wae badly crushed, and he Feceived slighter injuries on other parte of His person, The. driver waa not guilty of any misconduct, nor waa soy charged to him. He did’ all "The-eeach was of the largest and strongeat size —tmanufnetured.——“Fhe iton-part—of¢the axle was 24 inchea-square atthe shouljder, tapering slightly towards the centre, — At the point of breakage it was 24 4 2 ineh es. This ig nelarge as conch axles are ever made; and that size ie used for 24 and 27 passenger couches, The evach in question wae made to set 17 p esengers, and a month or two befere tue weeident, bad carried 22 praaengers with heavy bagyege. At the time of the accident there were about 7 passengers on the coach. The coach was purchased of cuach makera having the very beat reputation, and the axle whee made of Uleter iron, which ja the beat iron, that can be procured for that purpose. z At the point where the axle broke there wae a hola through it about of an inch in diameter, and the brenk waa through the hole. A lew years ago the wooden and iron parte Of axles were fastened together by wmeane of bulte, and the hole in-queation was originally inade for that purpose. Recently, however, clips, enclosing both the wood aad the iron have been “substituted in place of bolts running through both, In the present case, the de'endant had removed the bolt, plugged up the hole with iron, and placed wrouml the aslo a heavy iron clip, or clasp, fastened at the bottom by rerewe aud nutes. The chp wa not ‘broken at the time of the accident, and was af heavy on each side of the axle aathe belthead been, ‘The axle was much stronger than it hid been before, when the bolt wasin, and there was ue clip. ‘The wai reason for making thia changeowaae bes cause the chip, surrounding the whole axle, were. perfagtly upites the etreagth of the wood with that of the iron, and alao, because it affords a convenient method of attaching’ braces from the hounds, When seach aclip ean be -used,.it isof course; Uhiecessary ¢) have a hole in the axle; but in the bind axly the bole aud bolt are still used from ne. cessity. ‘Tho axte wae originally made safe ficiently largy and strong to adautof the waking of such ‘holes—lhke the-@ne in ques tions shoukd be necessary iv the construction ol. the coseh> The point in tiie axle at which the break. jected compari tly. to much strain, Tt is af extraordinary occurrence for av axie to break at that point. They usually break— when they do brenk—at the shoulder; and the next> place moat liable to reak is the centre where the King belt goes through. A number ofexperienced witnesses testified that they had never known of aa axle break~ uch ® place; and one of them—« civil engkeer—said that he would consider That the iinet” akititat and printent iver) could have done under the circumatances. cvasary, by a ekilitul and experienced ecsche . amith.Coseh “Nu. 27"' hid gone through that process the previous winter, and aftere had been only sbeut three inontha before the accident. While it was on the road it was carelully examined every night before starting from Nevada by a come petent blacksmith employed by defendant wards used juries. to the persons of their ers, “pre Ti for the want of gh fare ana dil is charseterist@: of @autious «” There i#'no d. ube buts t, when (lites and safety of hump beings gre concerned, more precaution is in order to Oustitute the “greatest cafe,” +than-in-cases where the. conseqiences of orgthe question is. was there that degree of care which the most cautious prrsous woud have exercised uuder like circumaténces, and with the same burthen of ree po. sibility? Now, in the case #t bar it is established. beyond eavil. that the axle, so far as human foresight and judgment could determine, was sufficiently strong. with the hole init. And the most prudent. man in the community, with a full knewl-dge of the subject, would . not bate been afraid te riek it—uniees he be. longed to that exceptional clase of persons in When the virtue of caution has degenerated inte the vice of cowardice. But it ie contended that defendant is guilty of carelessness because the flaw was not that the accideut-was caused by. the flaw, and, think it is very apparent tbat it was net. The flaw was very slight, aod I think & Competent judge would have provounced the axle abundantly etrovg if he bad kuowo of ite existenee and extent. And defendant, cven if careless in this regard, is certainly not liable for carelessness which had nothing to de with the wceident. : In the secund place, the defect could not have been-discovered without removdery the clip; and defendant was not careless br cause it was pot removed. The virtue of the clip

depended upon its being nicely .edjusted. to the axle; and its frequent removal “would have tended to insecurity rather than to safety. And if thia particular clip should have been removed, then so should ail ihe others ; and if all the wthers;then the whole coach sivuld have been ken entirely w pieces every day, #0 that every minute part of it could be closely examined: Would the most cautious man have dove this! Is such a daily examination practicable? Dues eny Hi eo ckanine hie private vehicles though . -been removed, T think the weight oi evi= denee ms that the flaw coud not bave been discovered. If a competent machinist, upon a-earetul examination for that particular purpose, could nut discover it after the axte had broken through Jt,, we. must conclude that be would not have found it upon the m st caretal_aud minute examioat.ou before it broke. ; From the foregoing view I conclude, finaldetected. In the first place, it is not shown . p, compounded so as to reach diree’ly the seat for that purpose. While making the trips it was sleoexaminedby the dever at every station, and at.the Lincoin eng of the route: [tinad& trips to and trom Lingala” on alters natedaya. But the Gbach wae not taken to pieevs inorder to minke such examination —Diteidant pant tie amicunt of the nures . and dector's title, amd-ofher eapensge neur red by plaintiff during bis confinement fen the injurtesceceived by the accident, amounting In all to about 81 20: Z As to the qatstiona of low arising in this case, Iisa Very cosy matter te stute gens erally the rule by which the lability of the defendant must be determined: A gommon carrier Of passengere—unlike &@ carrier of goods in this respect —is not responsible for injuries Caused by acgidents,.unlesa ‘he has been guilty of some féegligeree in the premie aa; but be as responsible it he has been guilty of any negligence, however slight.— The rule any be atated generally thus: he ia bound to exercian. the greatest eare; and ia lable for the slightest negligence. But What ia the true legal meaning of the terme “prentest care” and “shghtest negligenee ?'’ The whole drift of the argument made by plaintiffs counsel eeema to be to the effect thot the-enrrier is lible if the accident could possibly have been. prevented. But thie ia obvieusly @ strained, unreasonable consteuetion of the rule. The axle might certamly have been made strong enough to have avoided the possibility of ite breaking. In fact the whole conch—if it had been made with reference to strenzth alone—anighit hate been constructed of such massive was terial, and of such enormous power of resiaa precipice a huadred feet high without ins jury. But does any ene coutend that a Che riet is liable because he has not edoatructed . such w coach? It is plan! thatan deterwiti ing Whether Gr not the greatest eare has been exerciaed in any particularinstanee: we must keep within the ringe of practicability.~ We must consider the cireum-stances of the case, the use for which the evach ta designed. the purpose for which it ta thee the apeed intended, and fer which the proprietor contricts; and Whether or notib had that strength ia its ‘various parte which setence and experience hase snewn to: be necessiry fur-Batecy, ; ee , tice bio iiied ® A careful examination of the authorities Will show that there, is no well defined dietinetion between the meaning of the plirase “greatest care” as applied to carciers, And that given toitwitbreterence to other bai« leea of that cage ti division made by Sit Wiliam Jonea—who are also beld te the [highest degree of care and diligence — And the defindion usiversdily given te the term ia, in substance, “that degree of care which a very prudent man gives to Kis own concerns.” ~ Writers. on the general law of 4 “fgh care” and “extraordinary care” and “utinost care” as synoucineus. No matter what adjective is ewpioyed, the meamng is, tance, that it coat trive verntumbied over ‘ bat tneats suse tha phpiece “opeatecare ame ly, that the injuries frevived by plaintiff Were—the result of one of, these inevitable exeunities agaiuat which human foresight and -judgine: CT canpot guird; that deteudant was Hot gully of any negligence in the. premises; and that, tr eretoére, defendant should have judgment dismiss.ng the complaint, and for The Clerk will enter judgment aceording!y. ~ ‘Done ia epen Court, April 25th, 1864. Distnet Judge. —€entrat Pacific Railroad ~AND— ah AND AFTER MONDAY, April 25th, un til further notice, trains. will leave the foot of K STREET, SACRAMENTO, as follows : For Livcoln and Folsom, at...6.15 a. M. For Folsom, at..... oceccecces 10.00 A. M. RETURNING, Leave Folsom at... TTT eee 7.3 A.M. Leave’ Lincole a0. osscies cccscacs ose 10.45 A. M. LELAND STANFORD, President C_P. RB. R. CO. an? BLACKSMITH WANTED. A BLACKSMITH is wanted immediately— one who can do every kind of work Appiy to C. E. HUMPURIES, Broad street. Nevada, April 27th. UNION HOTE Main Street, Nevada,Messrs. Eaten. & Williamson, aod om the above New, El ant and Commodious Hotel. and rnished it jn the most costly maneT, are Bow prepared to recgive their triends and the public gener = ay, bey Rog can satisfy all whe may. favor them with their patronage. The Hotel contains faba ONE HUNDRED LIGHT AND AIRY ROOMS. NOT A DARK ONE IN THE HovsE, And ofa size mach larger than are usuaily found iu Hotels. The Parlors are furnished in a supertor. sty le. THE REDS ‘are supplied with the very best Spriny and Ilair Mattresses—tie linen clean and ofthe very best quality. THE TABLE wiil contain all that the market affords. ~ rHE BAR is fitted up in a style not by any house in the State, are-ofthe choicest kinds, THE BILLEARD ROOM is supplied with Phe. sng best Tables. pocket and earom. ,ersons travelimy to-.and frame Ee osibtame ALLS this House the most di ot — the route.’ To the travelers for leasure, we have only to say that the climéte of Nevada is not surpassed inany part of the State The Pacific Stage and Express Company's efflee is in the House,’and pxssengers by the Cali fornia Stage Co's coaches will be driven to the and Express offices are im the same-block, 4 . IRA A. EATON, SAAC WILLIAMSON, surpassed and all its coatents 1 Nevada, April 4th the greateat degree of care kuowan. to the law. And the greatest cegree of care known . to the law is that which « very careful maa ~-as distidguished frum men of slight,-er ers dinary carefulness—gites to his own affsire. I think the proper rule is thot lic’ down in the Caniden and Ambey R.R. Co, ve. Burke 13 Wead., in whieh the Court eay that ibe. proprieturs of pubhic cooteyances, as te to4 \ + Nevada Ice Company. ’ E weuld inform the citizens of N we are prepared to furnish” i ocuaruee Good Ice, A¢@ any and at all times ow the most reasonab]e __ TB. McFaauasp,— . . CALIFORNIA CENTRAL RAILROAD . + _ PELTON MELL, . terms. Orders lett at No. 5 C ial S will recrive Prat an ——— it le HALE & STONE. ee 2 * Nevada, Mirch Ist, 1864. paraite ‘& ‘Sewing Machine Co,” takes pleasure inan= = THUR nouncing to those in want, that he now lias such — arrangements with the General Agent for the ri The price ranges from $65 00 te $145 G0. ‘ a A specimen can be scen at my Fn 2 = 85 Main street. Jene For circulars or samples of sewing, apply te 7? We pu GEO. A. RANDALL, Agent. _ = At Weaver &Company’s store, No. 58 Broag (‘SO OF street. Nevada City, mi-tf_ ‘Co. A Sore ee. = “places, cold. — and similar troubles, if suffer-d to progress, reDis: sult in serious Pulmor ary, Bronchial and Asth8 matic affections oftentimes incurable. Chouso Brown's. Bronchial Troches lew ars of the disease and yive almost mstant relief. vusiting Agengs for California, KEDDINGTON & Co., towns . ._San_Francisco. et : Francis Fo Muarshal. ing on . STEVE. VENARD, vf San HMSUNEEs Limisel€ a6 & candidaic s for Marshal at the coming election. Sant , Nevada, April 4tb and wil GEORGE S. PIERCE, . _ vf thes Is a candidate fer the Uffice of = at the . CITY MARSHAL. We hop ; Ry casera . tance fe _Fer Marshal. he ates G. 8.8, GETCHELL, : I’ & candidate tor the effice of City Toys Marshal at the ensuing election. very lat . . riet NEW SPRING GOODS! pea @. from £ JACOB ROSENTHAL, . = Tae, =e % ““MART_OF FASHION !'’ ae ' ; ; 8v ‘No. 54 Broad Street, Nevada. 7 4 e’cloc N_entire new stock of Spring and Summer Place y Geode consisting im part.of Plain and Fancy Silks, Challis, De Beet Laines, Linen, White Goods, hiede Hosiery, Carpets, Oil Cloths, &e. pony th VERY LOW RATES! ren 3 1 am now receiving most of my Goods direct ‘boats, a from Néw York, and ean afford to sell them ae Cheaper than any other Dry Goods House in the : smount eity. The Laries of Nevada and the sarround“attack . selves. My prices are low and Goods will be the exp found as_represented —‘Thanktul-te my patrons : ped =e jor past favors I solicit a continnaice. : i JACOB ROSENTHAL. that the _ Nevada, April 234. ; Ss Rappah A. A. SARGENT, Chesap Attorney and Counsellor at Law. Mem ( tsa WECE—In Kidd's Building, eorner of. entire . road and Pine streeton Revels followe A. C. NILES, wo Attorney and Counséllor'at Law. Forrest ( FFICE—In Lewis’ Building, corner of se Broad and Pine atreets. Nevada . “cavalry J. I. CALDWELL, Fe eeels , Attorney and Counselor at Law, e : Office on-Brosd street. in Fite proof Buildings~ en opposite Speace’s Drag Store. -. of priso ee A pussess E. W. SMITH, ne Justice of the Peace, sas. G FFICE at the Old Place, on Broad = Street, a ; The « ” bera, LUMBER. LUMBER. LUMBER! 7 drings 1 ~ HH, SOUTHARD, hei iami Proprietor of the which + Plymou Two and a-half tiiiles dant of: Nevada city. The ra Manufecturer, Wholesale and Retail Dealer in North C Pine, Cedar and Spruce Lumber, know” : ow. FENCING jing iat Kepi constantly on hand. 7 ~ Seppose “Orders left at the MiH, oF with J. 8: Jehnatoa bap zabty at Weaver & Co’s wiil be promptly snd Sunfly ‘ Rein! attended to. ap? fm ® Gen, P Spenceville House, * tack on a” haar take tis method of informing reach tt vee, Che public tnat he has opened a Hote wu Spencerville, 20 miles Pr savene a rebel ca coud the oe road, where he is prewater a ’ accommedate an . . with. Board and Lodgin % nwo ot Ma cag much . i ished with new Beds and everything comfortaa rebel: ble for travilers. Parvies desiring to make a : Pleasant rtp would do well to visit this secnen =. intends ne county. kh. CrP ; + ee 2 Spencevillc; Mareh 31° i TURE eae with the ~~ x It iss CHAUVEL HOUSE. dces not Virginia City...Newada Territery. the bar No. 12 North C, Street. } rebel pr Adjuining the Medan Building, waneere The § seat : to ree FIRST CLASS_ 000 rene Motel and Restaurant! days. Open all night. rlegantly furnished Rooms The p FOR FAMILIES. Northw 0. V. Chauvel, Prop’r. thousan Virginia, April 13th—tf stance a