The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-09
Law Intelligence.


The Richmond Turnpike Co. sdsm. pdndev6iit-Thi
was the case brt ught by Vanderbilt agains
samson: the plaintif was owner Of the steambos:
Wave; collision took pace between them in Sep
TENDER, 1888 The plaintiff immediately after brought
his action and tho tried in this court it
afterwards taken to the Supreme Court and the judg
ment reversed and new trial ordered. Tho second
time the caufe tried the jury gave much larger
dam ges than they gave before On the last trial the
plaintiff made out stronger by showing that
Of the directors of the company authorized the act
complan Of 1t was proved by Captain BREASTED that
upon one occasion the director said If the Wave the
plaintiff g vesseD ever went ahead Of them again to
place. The defendant applied for new trial on
several grounds, all Of which We have carefully con
sidered but We grounds to disturb the verdict
Motion fer new trial denied.
Ts6y, PIaint;f;in Error. rs Curry, Defendant an
Ero,--1 his was certrari from one Of the Justices
TO premises and afterwards changed 1t from to
sssunpsn. 1t appeared that the plaintiff rented to
defendant the premises in dispute, namely house
situated in 26th street. at an annual rent of $500.
Defendont entered into possession and continued
therein until the LIST of May, 1s47 Plaintiff claimed
damages injuries done the premises by breaking the
tagging, also by breaking hole In the wall to intro
duce stove pipe the loss Of keys and other small
gave judgment The defendant also set up by way Of
Tecoupment that he had suffered inconvenience from
the DISQUALIFICATION OF TIE Croton water ana aiso
because sewer was not constructed on the
premises and several other matters which he insisted
the landlord should have attended TO- and commended
that he entitled to damages for the negects OF the
Ian dord that he should be allowed to recoup them
aeainst his claim He aso objected to the form Of the
plaintiff Is action We not in the habit Of paying
much attention to the 70 Of actions in the Marine
and Assistant Justices Courts provided substantial
Justice is done-nor are in this prepared to say
the plaintiff mstook his form of action but upon the
point arising out of the relation between landlord
and tenant, think implied obligation arises, that
the tenant should the premises in q husband like
manntr and according to custom, therefore think
that action in this lies aganst the tenant
an implied M sumpet and that It well taken I'll 3
law implies thst ordinary care should be used but 4
not, the tenant shall respond in damages In regard
to the claims Of the defendant there was proof Of
any the part Of the landlord that he
to make repairs &C. 10 bind him there must be an ex
press agreement as the law does not imply an agree
mt mt on his part 10 do Judgment affirmed.
HAT rs. Brady at di-Judgment for plaintiff on the
to tho pleas respectively with leave to the
defendants to amend on payment of costs within ten
days after notice Of this rule.
.gspinpcoH ct al Is. Oakley trial granted I'M
pla tilt deduct s96S7 so from amount Of his judy
ment against and Baker, Of its date that
assignment o. damages nnder the breaches assigned
and judgment for the baance in which case mo-
ton for Trial is denied election to be made within
twenty days.
ny.--Notion for a new trial denied.
UNI, led STATES DsrRrcr Counr, July s.-Obstrue,,
ing a Custom House O6is~.-Robert Cocker, mate Of
the ship Columbne placed at the bar for obstruct-
iIg Richard Adams Lock- custom house inspector IN
tie discharge of his duty IL appeared from the evil
depce Of Mr. Lock, that he went board the Column
bine Saturday the LIST instant with the usual per-
init inspect the psssenEsIS bagsags 60 hi Ihs &C.
and look. on while several Of the passengers struck
the witness and threatened to throw him overheard.
Finally he had to leave the vessel Tho defence was,
that the boat in which Mr.. Lock came had not the
American flag and that he himself had no insignia by
which he could be officially known. 1t was also shown
that other persons had to the Columbne in the
course Of the day falsely representing themselves MS
sustom house offcers insisting upon inspecting the
passengers baggage &c. Under those circumstan noes,
1t was contended The prisoner did more than dis
charge his duty The jury found the prisoner guilty
The penalty for obstructing officer under the act of
Congress is S400
The grand jury came into court and handed mn true
bill against Benjamin Magruder mate Of the bark
K~ptipgtop. for striking Washington Ring0old. n
sailor with an iron Delaying pin. He wac afterwards
airaignsd and pleaded not guilty. The grand jury
acre then discharged.
COMMON Pleas, July g.. In Dissatisfaction y
Frssi st al odms RickerAson.-Defa and PLAINTIFF
subeQuent proct ed set aside costs Of motion.
Siyre rs Rassenbrusch.-Nonsuit is set aside and
new trial ordered Costs to abide thc event.
McE,i1e odms. Beaver 9. ai-verdict for plaintiffs
confirmed with costs.
sksiden adns. Ca,rsnfer.--Mot for Judgment Of
nonsuit granted unless plaintiff within 10 days after
notice stipuates TO try at September term next. NO
costs of motion.
Eslten and smother sdms. tTM Psepls.-Motion to
vscatc rcccgnisonce granted on payment OF costs TO
defendants only. ifany.
GENERAL SESSIONS, July s-Before the Recorder, and
Aldermen Downing and Carroll Sentenced. -Benj' n
Church was sentenced 70 one months imprisonment