Peter Vivian Daniel

“ The reason that ordinary railway tracks are an obstruction to common travelling-carriages is, that it is necessary that the rails should be raised above the surface of the ground, because railroad wheels are constructed differently from ordinary wheels in having two circumferences of different diameters, the smaller circumference being intended to rest on the rail (and called the tread) , and the larger circumference running on the side of the rail. ”

“ What I claim as my invention or improvement is the application of the flanches of the wheels on one side of railroad carriages, and of the treads of the wheels on the other side, to turn curves upon railways, particularly such as turning the corners of streets, wharves, &c., in cities and elsewhere, operating upon the principle herein set forth. ”

“ The wheels will, undoubtedly, be as safely guided in the shallow as in the deeper channels, and the rails will be equally durable with those of greater weight. When rails of this description are sunk into a channel in a rail of stone or wood, the base being wider than their upper sides, the pressure of sand into the seams on each side of the iron, caused by the running of common carriage wheels over them, will effectually confine the iron plates between the jambs of the stone or wood. ”

“ The thickness below the bottom of the groove or channel may be three fourths of an inch; the plates would then be one inch and three eighths in depth. These shallow-channelled plates present several advantages, among to the motion of the cars; offer less resistance than others to the motion of the cars; they are much lighter than others; they will not require any cleaning out, the flanches effecting this perfectly, which may not always be the case in deeper channels. ”

“ By the settled practice anterior to this statutory provision, it was in the power of the parties to agree upon a statement of the case; it would seem reasonable and probable, therefore, that the power given to the judge (as an exercise of his judicial functions) , to regulate the statement, was designed to impart a greater solemnity and permanency to the preparation of the proceeding, and to place it in an attitude for the action of some revising power. ”

“ Stephen, in his Treatise on Pleading, p. 92, speaking of the practice in England of taking verdicts subject to a special case, remarks, 'that a special case is not like a special verdict entered on record, and consequently a writ of error cannot be brought on this decision.' The objection now urged, and the authorities bearing upon it, were pressed on the attention of this court, and considered by them, in the case of the United States against Eliason, reported in 16 Pet., 291. ”