Page:Federal Reporter, 1st Series, Volume 7.djvu/80

 68 7SDEBAL,BBPQBT£B. �the court cannot ug^crtaketo say that they should have de- cidcd otherwise. Their attention was called to the coniflict of testimony, and they fvyer^toltiwhatwere the raies of law for weighingand tiesting It; they. bad the benefit of thorpugh argui^cnt:by ableil^wyers,.witness was contrasted with wit- ness, and circumstance witht cir9;i^mstance, and, under a proper charge, they have deternained 1;he faot. ^,1 cannot dis' turb thfjr verdict. ; . .. �Tbcre ia awother ground,,irreapectiye uf the fpregoing, pn whichthis verdict ghpulji probably be sust^ined, as insisted by plaintiff, whicbis that having^wild |Jjis.woman a ticket by an agent who swears h^ kne,w-a,ll ab.9U|li,be]: and her cbapacter, and she having acquijired a seat ip the,.ladies' car^ none otjber of equal accommodation .b.cing^furnislied, the defendant couM not, in the absence of bad conduet at the.time, exercise any right to refuse to carry.her in that car on aocount of general bad reputation. But it is unnecessary to exapaine this sub^ ject critically, since I have reacheda conclusion on the other points that would lead to,, the ,same resuit if this doctrin^ sbould be ruled in plaintiff.'s favor,., I prefej;, to place my jjidgment upon the gruunda that- ,were-so earnestly argued, and to fairly decide upon the defenca whichi if^yalid, would hay,e protected the company under the mpst favorable yiew of the pase that could be.taken infits bebalif. ,, . ; . �, The motion for a new trial is overruled. ���Helliweli. and anothert?. Gband Tbunk Eailwat dp Canada, ' ' �(Œrcuit Court, E. D. Wiseonsin. February 4, 1S81.) �OOMMON CaBEIES — DbLAT in TraS'sPORTATION — LiABILITT �H. & Co. sMpped flour f rom- Milwaukee to London, under a con- tract which required the defendant to transport the fleur by boat to Ludington, Michigan, thence by rail to Portland, and thence by steam- ship to Ijoudon. In an action 4;o reeover damages for delay of the flour at Portland, — " ■; �Eeid, that as the bills of lading constituted a throiigh contract, i ��� �