32 FEDERAL REPORTER.
Where such a proceeding is attempted, an undertaking given for
the return of the goods may properly be treated as nothing more than
a forthcoming bond,—a mere incident to the action in which posses-
sion of the goods was taken by the marshal. In such a case the
marshal may maintain an action` in his own name in the federal
court; and this, irrespective of the question of the citizenship of
_ himself and the obligors in the bond. So may any one benel:i·
cially interested in the bond. Jurisdiction in these subordinate and
ancillary proceedings rests upon the jurisdiction acquired in the orig-
inal action.
Further, the marshal is a mere nominal party, having no pecun-
iary interest. The plaintiffs, citizens of a state other than that of the
obligors, are alone beneficially interested. As such they may sue in
the federal courts, with, and probably without, an assignment. Browne
v. Strocle, 5 Cranch, 303; Irvine v. Lowry, 14 Pet. 293; McNutt v.
Bland, 2 How. 9; Coal Co. v. Blatchford, 11 Wall. 172; Huj v.
Hutchinson, 14 How. 586; Walden v. Slcinn-cr, 101 U. S. 588.
The motion for a new trial will be overruled.
VAN nn Vnurna v. Cmcieo Crrr RY. Co.
(Circuit Oourt, NZ D. Illinois. May 8, 1885.)
1. Srnnmr RArLwAYs——CAnLn CAns—D1r.ronNon Rnoumnn.
Street railways, as common carriers, are bound to the exercise of a high de-
gree of care and diligence in their business, in the care and (protection of the
persons and lives of their patrons and passengers; are boun to exercise that
high degree of care and diligence in the protection of the persons of its pa-
trons, as is usually exercise by very prudent persons in their own business,
under like circumstances, and are liable for injuries resulting to passengers
from their negligence or want of such care and diligence.
2. SAMm—NEoLrenNom—INJunY ro Passnnemz Arrnmrrmo T0 Gar ON Cans.
Where a person, without negligence on his part, and while the cars are
standing still waiting for passengers, endeavors to go aboard the car, with the
intention of paying fare and becoming a passenger, and the conductor of the
car, without giving such person reasonable and sufficient time to enter, neg-
ligently caused or suffered the car suddenly to start, whereby the person at-
tempting to board the same is injured, the company will be liable.
3. SAME—CONTRIBUTORY Nnomenncn.
But where the injury was caused by the person's want of care and prudence
in attempting t.o get on the car while it was in motion; or where his own neg—
ligence or want of care contributed in any manner to produce the injury, there
can be no recovery.
At Law.
W. G. d} A. T Ewing, for plaintiff.
W. J. Hynes, for defendant. .
Bmw, J., (c/mrgingjnry.) This action is brought by the plaintiff,
Eugenia Van de Venter, a citizen of the city of Buffalo, in the state
of New York, against the defendant, the Chicago City Railway Com-