The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-09
Marine Court.
Dpfnr. JuI0. Hammond


july s-Jchn Garrison VS.. Mary Hsgstsn.-The de-
PENDANT is one of those wholeteamn business
who set the snail like pace OF the masculine sex in compar
ison utterly at defiance She contracted with Mr. Garri
son 10 erect two buildings for her at the of Cannon
and Rvington streets to be done in workmanlke style
and at certain period. Not liking the thu roof he put
she made him haul off and put of extra quality
she also carried men TO the house and made them try
pull down the raters. and in instances they
succeeded She refuisd pay, and Mr.. Garrison could
not so with the work. An elegant young girl named
Matilda who made the Jury mouths water Guiding from
their gances to look her. said that Mrs. Kingston
to the house OF plaintiff and got him to write out two
ceps as she was about to pay him the two first
tons OF the contract She then caught them up and said
now SIR nave gol you Just where want to have
you" He did not think she had however for he demu
The defence was that the work not thoroughly DONE
nor at the time specified The Jury divided the claim,
giyingto plaintiff $50.
For plaintiff, Mr. Haskell For defendant Mr. Prison.
George s. Green abraham Peitsch-The defendant
owns premises No 9s Readc street. He had employed
carpenter named Duncan to do repairs for him.
Late in the afternoon about four weeks ago. the
dumped" fourteen pieces jost which piled up
each other and projected into the middle of the
where they were left through the night The plaintiff is
cab driver He had taken up three four young
Fulton street to drive them public house Chatham
square (where they stopped and got something to tax
and from thence ride them round" In pursuance Of
the latter part of the agreement the cab passing
West Broadway through Reade street. about II O'Clock
night at time when it was exceedingly dark The horse
struck against the timber and knocked down. and
the cab upset and much broken. The plaintiff
thrown by the shock of the cab the curb stone
and the horse fell on him. He severely hurt was
also one OF the passengers An attempt made the
part of the defence to show that the cabman he plainti
had been drinking. This reiuted he had refused
to drink when asked to do Chatham square and ap.
pcared at the time to be perfectly sober 1t was also
tended that the defendant not liable the timber had
not be placed directly before his premises but partly op
poste the adjoining lot where there heap of stones
and that the act not his but that the carpenter and
carman we're liable. The Court held that II persons in
defendants emp ment placed the timber there he is liable
for damages, whether placed before his premises not
The question for the jury to decide is whether there
careessnes on the part Of defendants agents the
hand and proper and precauton the part of the
plaintiff on the other for the law requires this in order
warrant damages. On this point the jury decide
The counsel for plaintiff said they had merely brought
ton for the cost oreparing the cab aying nothing
the injury done TO the horse themselves The jury
gave verdict for plaintiff in the of S39 60 being
amount ceimed. For plaintiff Mr.. Haskell; for defendant
Mr. w Dodpe