Page:Federal Reporter, 1st Series, Volume 1.djvu/234

226 FEDERAL REFOBTEB. �would not entertain favorably a aummary motion of a etranger to said suits to vacate or modify said decrees upon the grounds Btated in said motion. Said counsel also sent their motion papers in the now pending Massachusetts case. �I find, upon examination of the affidavit of Charles L. Washburn, that the court is informed that the decrees in ail the cases therein mentioned, inoluding the Connecticut cases, were submitted to, or were consented to, and that the end of the litigation was by agreement. Entertaining serions doubts 'of the power to grant the motion for the cause alleged, at the instance of a stranger to the suits, the motion is denied. ���Hall v. The Pennstlvania Eaileoad Company. {C^cuit Court, W. B. Penntylvania. January 23, 1880.) �COMHON OABBIEB — BlIX OF LaDING LIMITATION OP LlABILITT — (rOODB �Btjbnkd bt a Mob. — ^An exception lu a Mil of ladlng exemptlng a eommon carrier from llabillty for "loss or damage on any article or property whatever, by flre or other casualty, whlle In transit, or whlle in depôts or places of transtaipment," is applicable to goods forclbly taken from the carrier, whlle In transit, and burned by a lawless mob, where such carrier was not gullty of any negligence by whlch the efflclency of the exception was In any way Impalred. �Action against a eommon carrier for damages. �John Fallon, for plaintiff. �Wayne McVeagh and Chapmcm Biddle, for defendant. �MoKennan, J. This suit was brought to recover from the defendant the value of certain wool, delivered to it at Chi- cago for transportation to Philadelphia. A jury having been waived, the case was tried by the court upon the evidence Bubmitted by the parties. The following faots are found as established by the evidence : �1. The value of the goods in controversy was, on the twenty-second day of July, 1877, at the point of shipment, $18,060.38, and at the point of destination, $20,972.97. �2, "The said goods had, in course of transit from their place of shipment to their respective destinations, reached ��� �