David Josiah Brewer

“ As this intervening petition was filed nearly a year after the passage of the act of March 3, 1887, (24 St. p. 554,) authorizing suits against receivers without leave of the court appointing them, it is evident that the petitioner preferred to not exercise his right to a common-law action and a trial by a jury, but rather to come into a court of equity and have his rights there determined according to the rules and practice of such courts. ”

“ It appears, also, that the receiver had abllasted the track at the crossing, and it was claimed that some of the stones within the rails, and on the highway just outside of the rails, were unreasonably large; but the master found that 'the stones were broken to a fair size,' and that, although one or two pieces of unreasonable size were produced on the hearing, yet 'the weight of the testimony was that the stones in the roadway were of fair size, and not dangerous to travel.' Photographs of the crossing were presented to the master, to the circuit court, and also to us. ”