Page:Federal Reporter, 1st Series, Volume 1.djvu/238

230 FEDBBAL BEPOBTBB. �the nineteenth, twentieth and twenty-first of July, uader the circumstances in the seventh clause of the facts, which the court is requesced by plaintiff to find, mentioned. �8. That it was gross default and negligence to allow cars loaded with petroleum to continue to stand on the track, under ail the circumstances and manner, and for the period of time in the eighth clause of said facts mentioned. �9. That defendant is responsible for the misconduct and default of the persons whom it suffered to take control and possession, wholly or jointly with itself, of plaintiff's property, and to continue in such control for the space of two or three days, during the period of time while that control and posses- sion continued, and for ail loss resulting from such mis- conduct. �10. On the facts and law aforesaid, plaintifl prays the court to enter judgment for $20,973.97, and ^interest from July 22, 1877, to the day judgment is rendered. �Answers by the court to the foregoing propositions of law presented by the plaintiff's counsel : �1. This proposition is affirmed. �2. This is also affirmed. �3. As it was the duty of the defendant, as a coma>on car- rier, to transport the goods of the plaintifif to their point of destination without unreasonable delay, any injurions inter- ruption of Buch transportation, by the refusai of the defend- ants servants to perform their duty, would be a breach of duty imputable to it; and for any loss to the plaintiff, caused by such delay, the defendant would be liable in damages. �3J. I decline to affirm this proposition. The evidence does not show that the loss complained of was caused by the "strike," nor that any permissive allowance of the retention of the goods at Pittsburgh can be imputed to the defendant. On the contrary, it is admitted by the plaintiff that the de- fendant was coeroed by the superior power of a lawless mob, which usurped control of the train containing the plaintiff's goods, and prevented the defendant from operating its road ; that the defendant took prompt steps to meet the emergency by an appeal to the civil authorities for protection and assist- ��� �