Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-03
C0nrt Of Com m on PIeas.
Before Judge Irving, Dece m Der 81

Hans u. Dresster Us. James emmel.-Mr J. T.
Brady stated the case the part of the plaintiff.
~ was an ac'on TO recover compensation Tor inju.
RES sustained and losses incurred in consequence of
the negligence oil the defendants agents in digging
the foundation oil new building az the corner of
keade street ana broadway, whereby tho adjoining
house had been injured the plaintiffs store and bu
siness disturbed and he compelled remove to an
other situation 1t appeared that in the month Of
April, a fire occurred on some premises owned by
the defendant, at the corner 81 keade street, and
that in the following msnth he determined to
building The house aJ lining to the defendasts
was in the occupation Of German furrier, name a
Frautzke, Of whom the plaintiff rented the ce liar,
which he used slop makers shop and for the
residence of himself and family. When the opera
ton of ssyg the w",
cd, and the whole building app AIRED so rlckety
dangerous that the pblic authorities were appN0
to- Frautzke refused to do any thing 10 his build
ing and notw thstf Bdibg its totterng appearance,
both his and Dresser family siad there, and the
latter resolutely persisted in refusing passage
through their premises TO any of the worlmen en-
ployed in constructing the foundation of the new
mouse, or to permit their own TO be propt mp. At
length DrIssler found that his trade all leaving
him, and he removed TO Pearl street and brought
this action.
On the part of the defendant, Mr. O'Connor appear.
ed and IN his opening speech he contended hat any
man VINO is an owrs Of the soil has III. fee simple
as hgh up as the heavens and down To the centre
OF me earth, although the learned gent an adj
mtted that in geAsrslsinp this right care must be
taken not to infringe on others property, and
that IN particular an old foundation must he re
plaintiff was one of those men, who, having found
his neighbor'a OK IN ditch wished to turn the
accident to his own profit. Hence his refusal to
permit the operations Of the workmen, or to leave
the cellar unless $500 was paid to him
The learned gentleman called a number Of builders
Who had been engaged OF the work, and the house
mover, who had been employed to shore up
Frautkze's house. This witness swore that he ex-
planned to the plaintiff in what way he could do
the work without mountaineering him for more
than two or three days; for this Inconvenience
the defendant willing to have paid the plaintiff
compensation of 500. After This, "the needles
were run through the plaintiffs cellar without his
permission and the work was not completed when
he removed his business.
The court charged the jury to consider whethe-
the plaintiff had unreasonably and improperly refur
sed permits ion to pass through his premises If so,
they mus consider how far he had been loser by
the 70 ced removal, and apportioa the damages &C.
cordingy. 1t haa been laid down by very high
legal authority that no man could disturb his neigh
boris foundation without max ing him a compense,
and the jury must say from the evidence, whether
such re compense was offered
The jury after come consultation. found verdict
for the defendant.
Counsel for tn. plaintiff, J. T. Brady, Esq; for
defer dant, Charles o. Conner, Esq
Police once.
Jan. g The ROcdies.-It having been intimated
to the Magistrates that an attempt would be made
New Years night, to raise another riot in Elizabeth
street strong bocy Of the officers directed to
to that part OF the ey and arrest any persSn'
Gus manner. This sautary measure had its effect,
for although great many OF the B" / IRA White"
school made their in the neghborhood Of
Magees house, yet they only vented their spleen
81 the by Dutch" in curses-not loud but deep
asd then passed on.
IN Gncendiarp arr ,stsd On Wednesday night a
eung man arrested by the watch, charged with
to set fire to the store of MI VIM. Van
A nburg a grocer, in Pearl street. Ii appeared on
MS examination, that the name Of the accused was
r Carter. and that he had recently been
from Mr.. Van Amburs's employ for
posing his person to s"me females. few days
since Carter applied to MIR Boekstarer for en-
ploym~nt, and referred him to " his old boss who
loid Mr.. b. the cause Of his dism'ssai when in
formed OF the result, Carter appeared highly indig
nant, and said she shonld like ~ know what the
a ID villain had said about him" This satisfaetion
was refused, and he left very sulenly On Newlears
night Carter went To tis store Of his old boss, and
got into conversation. with the clerk. The latter
said he wanted to go out TO bay somsth ng and ask
ed Carter "f he thought the store might be shut up
so soon" Carter replied that he had often shut II
up early" and in short time, the two left in
,Dpany with boy. In short time after, the boy
got back and found smoke coming out Of the store,
md SEINE people Puttiag ont the fire. Mr.. John w.
Davis, who resides opp site to Mr.. Van Anburg,
saw the three young rlen leave the store and short
y afterwards observed Carter retarn and enter the
out, tried the door, and made of. II. few minutes
the alarm Of fire gwen, and reaching the pre-
misses, tub full of straw found rning close tn
hogshead Of turpeniine. Carter denied ell knowl.
edg Of The fire, but fully con mited for trial
Robbry.-The store OF Tiffany and Young was
entered on Wednesday night, and robbed OF fancy
articles and money, to the amount OF S., 900. TIL
robbers left no ne to their retreat.
Extraordinary charge Of ForIseTy and Commiss
tel for Psyjury-Some weeks back we gave the
history of a Madame Sweets arrest, for keeping
house of assgnation, and with 1.-THE unimp ortai
fac that ono John A Robinson, Of 1871 Canal street,
bad given bail for "Madame." A few days sine
this gentleman again appeared before Justice
Merritt, and charg sd girl named Mary Ann Cot.
ton, who lived at 24 Walker street, with forgery.
The girl was arrested, and Robinson that she
had passed a note Of SIG II to Francis Cotton, Of
Ca al street in payment for piece of oarpetisg;
this same note being afase ard malicious forgery.
The girl was arrested but she asseverasd her inno
ed the note unde such rerypecHiiar eircumstssces
therefore, compared the signature of the note with
Sweets recognizances to appear aud answer, and
found it 10 correspond in every point Of view.
then instituted between the initials
ON that document, and the note with the signature
on the affidavit 10 the forgery, when the iafhr was
found 10 differ from both Of the former. On this cir
Gums stance thslNagistrate decided that Mary Am
was innecent Of tie forgery and called on Robinson
10 find bail TO answer to the charge Of perjury.
Fresh M,ai-Samuel e.. Andrews has been
elected Mayer of Rochester, ard Jared l.. Rathbone
of Albany. Both good mayors.