New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-09-21


ant for improvement DO ne msnaiaciurs OF esd pipe
The action dt not succred A bll i. now hlcd by Mr.
Gay. s.sng me Court under 10 equity power. % maze
sn order requiring me oummissoncr ui fnruiH 90 revoke
ihr patent granted io M Cornell sud give o. 20 him Mr.
cav assignee Of Alex. D. Perry he sleged nr.t o.
cuyef,r ~ ne improvement Argument was hesri.-Nr
Moore for plsinus and Mr asbgou Tor defendant
Corsr o. COMMON PLEAs- B@for. judge T. Isho.fer
Msrolafue Mutual issuraHcs 90 " q chan "
,p4slna9 ard .fbcl No,g4a -AcuoD ssslu-t Ms-sr-
Chase CO t0 recover " them, common ctrrsrs, The
value OF cusnuiy u goods from ms City West,
bur burnt board he 0whOas the tok A. NE greai
fre Albany Toe Mercantile Maiuai Insurance Co orr
ginay Insured he goods for ne owners and paid The
oss and sses 20 recover smouni back from The anspof
talon agents The Court held that common carrier
stlk ioSr ~ or'ri ."' k9o's' - uvuuu ~ u' -
In-.s prevented by enem -, (Which Includes nobl or
me act Of God such ss sorm, kc. and that they Do
able pay for thsm IN he event " their being burnt
lous1 alleged in This case, ih-r was general run
mug agreement iat The transportation company should
bee sb for damage by hrr, 10 Jaw aud pubic policy
not biting the VALIDITY % such general agreement
v-rdei for panuf.. sa'6 - judgment being reserved
win sNeN 10 argumrhL Fur pian-isi Mr A DIcAen-
on for defendants. Mr s.gueysnt
L0,dtI smith, ~ tV4Hf ~ a., gad,filn. Gso b Saith,
Sda. WOOD The plsinut htilr gir about ln Yeas
of as~ o. yA MAY So .h~ va. 90 ih. dewaik opposite
3D. Roosevelt 90 her fshers house which engag-
ed l taxing down building IN d. when brick fell from
ne TOP " he building ADD u ucs her ss 20 tho fshi
posed 10 pc d-sd and conveyed 81 her
father Medical AID was called She remained 10
incl.ion which lot out Tho cosguaicd blood. Il va
zssrrtainrd thsi her saul hzd been fractured and
sNHN pufNnu lffrh lu upon the Drain. \ NlrnkulAf
piece of he ssul about one nch by u Inch
out .eldrd by great suffering u he child She
rom 10 Immediate fleets be able leave hef
bel about 0rtnis It, bat remained Invalid Tor
time The bone has not closed up aud the part IL exceed
.ngiy tender and Will probably continue 10 30 90, 10 was
sad during life
AcOn brons ht BY the father Of ,hs child .r.inst M
Wood owner n Tho 0L 10 recover damages amount aid
slroo bring syrff-d that barrier had been placed
krrp people from passing unier. and that there
Del .rrc- the part Of Mr W. agent 10
tasi.g down the buildiag
Fyrdsfensr 10 was eyed that M W 10 not liable
that hs bad couuseied win Mr. Rider. csrpener and
Messr. Ware Csssldy, masOl., 90 tase d0wa tle Old
building ard erect another and that their wOfkmrn
progress u taxing 90 when the accident happened
also hat tfsre neg gencr The part Of Tho
0th-s 0f The To - continued MS forenoon FOR
plsinra hss.s. DAVID Graham -nd Carpenter for DO
frndsnt H-ssfs Daniel and Daniel ID Lord.
Spsetll Isr~-B-fOrs Judge Insrabam Decisions
brad Tnor~v I'm J.. hasAtDa Suit FOR a1d
occupation, sc Demurrer i made 10 complaint a. DOT
.taung cause VI scu0n sufficiently full Tns Court held
either the complaint Or ansNrf. sad athOugh would
N counsel ~Ou1 draw their pradlnss NJ M
care do not feel warranted Ia applying the ID fues
Of Dlssdrss under Ne Code JUDI meul i0r painrf on
e'.ncsnt may amend on paying sl5 costs
C4ttersHs FenHrft IN r. Earksy.-Acu0n Tor Sian
der, ln charging Mes Who was ln his mpOym.nt
win naFils akru goods &c also speaking axzust her
l0 her employer and 90 person who called ne
srOund t4l he precise words forth The
gAut The COur dues mink he Code inl-lds Ia
~ siandr ~ dispsnse 1l-h The statement VI NE
words hey Necessary oder sns~ef
and preparing for sfenseJ sEent for defendant
demurrer.
Ciarief n H.ney. rgrit0y ~ - M,y0r Frisbi< -
tbs case before ths fge- 10 sgnicsu. 10 de-
cay mat ne compliant does not show good
cau.e u sctOn, show la rlAt fsspecg de-
l-ctvs-Aouon 10 strke Oul cen1 frr granted but de-
f.ne al may answer VI payment u cosis VI moG0n.