Street to the point or place of beginning, which are sometimes designated as lots 22 and 24 and parts of 21 and 23 on a map known as Pannia or with some similar name. (12.) Tract of Woodland Delaware Township, County of about seventy (70) acres, more or less the exact location and boundaries whereof are unknown to this plaintiff. As the dower of the said Marie Dudley of the endowment of the said Edward Dudley, deceased, heretofore her husband, whereof she hath nothing; the value of which dower right and interest exclusive of interest and costs is in excess of three thousand ($3,000) dollars, together with the sum of five thousand ($5,000) dollars damages because of the refusal and the failure of the said defendants to assign said dower to her although assignment thereof was duly demanded, and also because of the refusal of the said defendant to allow her her widow's right of quarantine in the said property known as The Grange until the assignment of her dower therein, although such right of quarantine therein and her admission and her entry into said Grange was duly demanded by her the said Marie Dudley, which damages have been caused to her and suffered by her because of the acts of said defendants and thereupon she brings this suit. ROGER FOSTER, 69 West 55th Street, New York. Plaintiff's Attorney, FORM XIII.-WRIT OF DOWER. THE UNITED STATES OF AMERICA, SS. (L. S.) The President of the United States of America to the Marshal of the United States for the District of New Jersey, Greeting. Command Edward Lawrence Dudley and May Irene Goodman and each of them individually and as executors of the paper purporting to be the last will and testament of Edward Dudley, deceased (and Edward H. Goodman, the husband of said Mary Irene Goodman), that justly and without delay, they and each of them render to Marie Dudley, who was the wife of Edward Dudley, deceased, her reasonable dower, which to her belongs in certain property in the State of New Jersey of which the said Edward Dudley was seized with the buildings thereupon and with the appurtenances thereon, namely [here insert description of property] of which property she, the said Marie Dudley, has nothing as she saith, and thereupon complained that said Edward Lawrence Dudley and May Irene Goodman, and each of them individually and as executors of the paper purporting to be the last will and testament of Edward Dudley, deceased (and Edward H. Goodman, the husband of the said May Irene Goodman), deforce her; wherefore lest they shall render the same under her, then summoned by good summoners the aforesaid Edward Lawrence Dudley, and May Irene Goodman and each of them individually, and as executors of the paper purporting to be the last will and testament of Edward Dudley, deceased (and Edward H. Goodman, the husband of the said May Irene Goodman), that they and each of them be and appear before our judges of our District Court of the United States for the district of New Jersey and before said court at Trenton on the day of 1921, next to show wherefore they do it not; and have you then and there the names of those summoners, and this writ. Witness the Honorable John Rellstab, District Judge of the United States for the District of New Jersey. Clerk. FORM XIV.-NOTICE OF FILING AND PETITION AGAINST UNITED STATES UNDER TUCKER ACT OF MARCH 3, 1887. Jud. Code § 24, Subd. 20. See Supra, §§ 96, 97. [From record in Bigby v. U. S., 188 U. S. 400.] [District] Court of the United States for the Eastern District of New York. WILLIAM SAMUEL BIGBY against THE UNITED STATES OF AMERICA. Sirs: Please take notice that the within amended petition was duly filed with the clerk of the [District] Court of the United States for the Eastern District of New York on the 27th day of November, 1899, which court has jurisdiction of the case set forth in said petition and in which district plaintiff resides. New York, November 27th, 1899. Yours, etc., ROGER FOSTER, Attorney for Plaintiff, Petitioner, 35 Wall Street, Borough of Manhattan, New York. To the Honorable the Attorney General of the United States and to the Honorable the Attorney of the United States for the Eastern District of New York. [District] Court of the United States for the Eastern District of New York. WILLIAM SAMUEL BIGBY against THE UNITED STATES OF AMERICA. To the Honorable the Judges of the [District] Court of the United States for the Eastern District of New York and to the Honorable the [District] Court of the United States for the Eastern District of New York: Your petitioner, by Roger Foster, his attorney, respectfully shows: I. The United States of America is a corporation created by the Constitution of the United States, with its principal office in the City of Washington and the District of Columbia; and your petitioner alleges upon information and belief, that within the meaning of the definitions of the New York Code of Civil Procedure said United States of America is a foreign corporation. II. Your petitioner resides at Nos. 29 and 31 De Kalb avenue in the borough of Brooklyn, County of Kings and City of New York; and in the Eastern District of New York. III. On or about November 27th, 1899, your petitioner at the request of the said United States of America and at the request of the officers, employees and duly authorized agents of the said United States of Amer ica, each of which officers, agents and employees was acting within the scope of his authority, entered into a passenger elevator in the United States court-house and post-office building in said borough of Brooklyn, which said building and elevator were then owned and controlled by the. United States of America and which elevator was designed and intended by the said United States of America for the use of persons on their way to the office of the marshal of the United States for the Eastern District of New York; which entry was made by your petitioner while on his way to the said marshal's office upon official business. IV. The United States of America then and there entered into an implied contract with your petitioner wherein and whereby for a sufficient valuable consideration it agreed to carry your petitioner safely; to operate said elevator with due care; and to employ for the purposes of the operation of said elevator a competent and experienced person. V. In violation of said contract said United States of America failed to carry your petitioner safely; and failed to operate said elevator with due care; and failed to employ for the operation of said elevator and to put in charge of the same a competent and experienced person; and violated its said contract with your petitioner in other ways. VI. In consequence of the failure of the United States and of its employees in charge of said elevator to carry your petitioner safely and to operate said elevator with due care; and in consequence of the failure of the United States to employ a competent and experienced person to operate said elevator with due care; and in consequence of the failure of the United States to employ a competent and experienced person to operate said elevator; and in consequence of the incompetence and inexperience of the person then engaged in operating said elevator and in charge of the same, and in consequence of the said violation by the United States of its said contract your petitioner while entering the said elevator without negligence on his part was caused to fall, and his foot, ankle and leg were crushed between said elevator and the top of the entrance into the elevator shaft or a projection in the shaft of said elevator or in some other manner, and the back of your petitioner and other parts of the body of your petitioner were also consequently injured and your petitioner consequently suffered a laceration of the ligaments of his ankle, and he consequently was caused much bodily and mental pain. VII. In consequence thereof your petitioner was obliged to spend and incur considerable sums of money for medical and surgical attendance and he was confined to the house and prevented from attending to his business and from earning money for a considerable period of time, and he has been made permanently lame and his said foot, ankle and back have been permanently injured; and he has been thus and otherwise damaged, in the sum of ten thousand dollars ($10,000). Wherefore, your petitioner prays for a judgment or decree against the United States of America upon the facts and law for the sum of ten thousand dollars ($10,000), together with his reasonable costs and disbursements for such other and further relief in the premises as may be just. WILLIAM SAMUEL BIGBY, I am the William Samuel Bigby, being duly sworn, deposes and says: above named petitioner. The foregoing petition is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. WILLIAM SAMUEL BIGBY. Sworn to before me this 27th day of November, 1899. COMMON LAW FORM XV.-PLEAS WHERE COMMON LAW PRACTICE PREVAILS. [76 Fed. 427 in which the author was counsel.] And the said defendant by John R. Emery, its attorney, comes and defends the wrong and injury when, &c., and as to the said first count of the said declaration says that the said indenture therein referred to as made on or about February thirtieth, eighteen hundred and ninety, and of which a copy is alleged to be annexed to said declaration as "Exhibit 1," is not its deed and of this it puts itself upon the country, &c. And this defendant, for a further plea to said first count of said declaration, by leave of the court first had and obtained, according to the form of the statute in such case made and provided, says that the said indenture therein referred to as made on or about April seventh, eighteen hundred and ninety, and of which a copy is alleged to be attached to said declaration as "Exhibit 2" is not its deed, and of this it puts itself upon the country, &c. And this defendant, for a further plea to said first count of the said declaration, by like leave of the court first had and obtained, says that the plaintiff ought not to have or maintain his aforesaid action thereof against it, because it says that the said defendant did not in manner and form as is in said count alleged, convey to this defendant eleven thousand two hundred and forty tons of ice, of two thousand pounds to the ton; then and there situate and being in the ice houses referred to in said count, or any portion thereof; and that the plaintiff did not in manner and form as is in said count alleged, deliver to this defendant eleven thousand two hundred and fifty tons, of two thousand pounds to the ton, of good mercantile ice of not less than twelve inches in thickness, or any portion thereof, and that this defendant did not, in manner and form as is therein alleged, accept the same in part performance of the said instrument bearing date February thirteenth, eighteen hundred and ninety, referred to in the said count; and that the said plaintiff, in manner and form as is in said count alleged, did not pack and deliver free on board of vessels suitable and properly dunnaged for a voyage to Newark, six thousand one hundred and fifty-four and fourteen hundred and eighty two-thousandths tons, of two thousand pounds to the ton, of good mercantile ice of not less than twelve inches in thickness, in accordance with the promise covenant and undertaking of the plaintiff, with this defendant referred to in said count of said declaration or any portion thereof; and that the plaintiff was not, in manner and form as is in said count alleged, ready or willing and did not tender or offer to deliver at the places in said agreement designated, free on board of a vessel suitably and properly dunnaged for a voyage to Newark, five thousand and ninetyfive and five hundred and twenty-two thousand tons of ice stored, and being in the ice houses in the parish of Rothesay, referred to in said count of said declaration, or any portion thereof; and that the said plaintiff was not, in manner and form as is in said count alleged, ready or willing, and did not tender or offer to deliver to this defendant three thousand seven hundred and fifty tons, of two thousand pounds to the ton, of good mercantile ice of not less than twelve inches in thickness purchased by the plaintiff, or any portion thereof; and that the plaintiff did not, in manner and form as is therein alleged, tender or offer to indemnify this defendant |