Woods v. Illinois Central Railroad

20 How. Pr. 285

Opinion

Barnard, Justice,

held that although such was the language of section 309, the meaning intended by the legisla, ture would doubtless have been better expressed, had the. disjunctive “ or ” been used instead of the conjunctive “ and;” that the word “ extraordinary” meant “ notoriety”—“ exciting public attention,” &c.—which certainly was not an element in the present case; but, inasmuch as it would be almost impossible to find a case both “ difficult and extra-, ordinary,” and also, inasmuch as Judge Allen’s ruling at the circuit has excited comment, the case was evidently a “ difficult” one, and he should, therefore, order an allowance of $325, with $10 costs of motion.